Tag: NRS 453A.370

Nevada Appellate Courts Advance Opinions for October 18, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 18, 2018

MULKERN VS. DIST. CT. (CLARK CTY. DEP’T OF FAMILY SERV.’S)

  • Does NRS 432B.550(5)(a)’s sibling presumption apply after one of the siblings has been adopted.

PUB. EMPLOYEES’ RETIREMENT SYS. OF NEVADA VS. NEVADA POLICY RESEARCH INST., INC.

  • Does the Nevada Public Records Act require the Public Employees’ Retirement System of Nevada (PERS) to disclose certain employment and pension payment information about its government retirees held in its computer database when sought through a public records request.

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Nevada Appellate Courts Advance Opinions for March 29, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 29, 2018

SOUTHWORTH VS. DIST. CT. (LAS VEGAS PAVING CORP.)

  • Is the time to appeal outlined in the Justice Court Rules of Civil Procedure (JCRCP), specifically the time set forth in JCRCP 98, jurisdictional and mandatory, therefore removing from the district court’s jurisdiction an untimely appeal from justice court.

COMSTOCK RESIDENTS ASS’N VS. LYON CTY. BD. OF COMM’RS

  • Does the Nevada Public Records Act (NPRA) exempt public records maintained on private devices or servers from disclosure.

KING, P.E. VS. ST. CLAIR

  • What constitutes sufficient evidence of a prior owner’s intent to abandon a water right.

NULEAF CLV DISPENSARY, LLC VS. STATE, DEP’T. OF HEALTH AND HUMAN SERV.’S

  • Must NRS 453A.322(3)(a)(5)’s requirement that an applicant seeking to obtain a medical marijuana establishment registration certificate obtain approval from the local government where the establishment is to be located certifying that the applicant is in compliance with applicable zoning restrictions and building requirements, be satisfied before an applicant can receive a registration certificate.

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Is the identity of a medical marijuana establishment business license holder confidential?

Posted on by Jeff Jaeger

medical marijuana

City of Sparks vs. Reno Newspapers, Inc.  (Nev. Supreme Ct. – Aug. 3, 2017)

Persons seeking to operate medical marijuana establishments (MMEs) must register with the Department of Health and Human Services’ Division of Public and Behavioral Health (Division), NRS 453A.322(1), and, if located in a jurisdiction so requiring, obtain a business license, NRS 453A.326(3). Reno Newspapers, Inc., which owns and operates the Reno Gazette-Journal (RGJ), a daily newspaper, asked the City of Sparks to disclose copies of the business licenses of persons operating MMEs in the City. In response, the City produced the business licenses, but redacted the licensees’ identities from the documents. The RGJ demanded unredacted copies of the business licenses, and the City denied the subsequent request.

Thereafter, the RGJ filed a petition for a writ of mandamus in the district court to compel the City to disclose the redacted information. The district court held that the petition was procedurally proper and concluded that the City had a duty under the Nevada Public Records Act to disclose the identities of the business license holders, which duty was not exempted by NAC 453A.714’s confidentiality provision, granted the petition. The City appealed.

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