Tag: NRS 533.450

Nevada Appellate Courts Advance Opinions for September 12, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 12, 2019

Andersen v. Eighth Jud. Dist. Ct.

  • Is the offense of misdemeanor battery constituting domestic violence a serious offense such that the right to a jury trial is triggered.

State Eng’r v. Happy Creek, Inc.

  • Do Nevada courts have authority to grant equitable relief in water law cases beyond the relief, if any, that the water law statutes allow the State engineer to grant.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for May 17, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for May 17, 2018

EUREKA CTY. VS. DIST. CT. (SADLER RANCH, LLC)

  • Are junior water rights holders entitled to notice of and an opportunity to participate in a district court’s consideration of a curtailment request.

SATICOY BAY LLC SER. 9641 CHRISTINE VIEW VS. FED. NATIONAL MORTG. ASS’N.

  • Does a regulated entity like Fannie Mae have standing to assert the Federal Foreclosure Bar in a quiet title action.
  • Does the Federal Foreclosure Bar preempt NRS 116.3116, which allows a homeowners’ association foreclosure on a superpriority lien to extinguish a first deed of trust.

66652 – MOORE (RANDOLPH) VS. STATE (DEATH PENALTY-PC)

  • Did the State’s withholding of impeachment evidence violate Brady v. Maryland.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for December 28, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 28, 2017

MCCROSKY VS. CARSON TAHOE REG’L MED. CTR.

  • Under what circumstances can a hospital be vicariously liable for the alleged negligence of a doctor who works at the hospital as an independent contractor.
  • Can evidence of Medicaid payments made on behalf of a plaintiff be introduced in a medical malpractice action.

BOCA PARK MARKETPLACE SYNDICATIONS GRP., LLC VS. HIGCO, INC.

  • Does the doctrine of claim preclusion prevent a tenant from suing its landlord for contract damages after having won an earlier suit against the landlord for declaratory judgment, where both suits concern the same underlying facts.

BROWN (WILLIS) VS. DIST. CT. (STATE)

  • What is the standard for determining indigency for the appointment of counsel for purposes of Widdis.
  • Must an indigent defendant request a sum certain before a motion for defense services at public expense can be considered or granted

SEGOVIA, PA-C VS. DIST. CT. (DUDA)

  • Do the 2015 Legislature amendments, adding physician assistants to NRS 41A.017, apply retroactively so as to cap their damages in medical malpractice actions.

EUREKA CTY. VS. DIST. CT. (SADLER RANCH, LLC)

  • Are junior water rights holders entitled to notice of and an opportunity to participate in a district court’s consideration of a curtailment request.

RODRIGUEZ (DANIEL) VS. STATE

  • What is the definition of “deadly weapon” within the context of battery.

HAWKINS VS. DIST. CT. (GGP MEADOWS MALL)

  • What should a district court  consider when awarding attorney fees sought for work done by a disqualified firm.

PECK VS. VALLEY HOSP. MED. CTR.

  • Does either statutory res ipsa loquitur or the common knowledge res ipsa loquitur doctrine provide an exception to the expert affidavit requirement for a medical malpractice complaint.
  • Is NRS 41A.071 unconstitutional under the Equal Protection Clause or Due Process Clause, facially, or as applied to inmates or indigent persons.

Visit the Nevada Appellate Report for more legal news.

Is the cancellation of a water permit subject to judicial review?

Posted on by Jeff Jaeger

Benson v. State Engineer (Nev. Supreme Ct. – Sep. 24, 2015)

The issue is whether a party aggrieved by the cancellation of her water permit must exhaust administrative remedies with the State Engineer when the State Engineer is not statutorily authorized to provide the party’s preferred remedy.

Joseph Rand purchased property in Eureka County, which he used for farming. A water permit with an appropriation date of 1960 benefited the property. Rand died on October 17, 2008, survived by his wife, Ellen. That same month, the Joseph L. and Ellen M. Rand Revocable Living Trust was created, and the trust managed the farming property. An agent, presumably acting on behalf of the trust, applied for a water right permit at a new well head location with the State Engineer on December 10, 2008. According to the application, the agent intended to divert water from an underground source via a newly drilled well. The new water rights were necessary because the previous well did not produce sufficient water. The State Engineer conditionally authorized the new permit to appropriate 632 acre-feet annually for irrigation and domestic use from the Diamond Valley Hydrographic Basin. The permit required proof of completion of the new well, proof of beneficial use of the water, and a supporting map to be filed with the State Engineer within one year. The permit reflected the original appropriation date of 1960.

Due to financial constraints, the trust was unable to finish drilling the well by 2010. Consequently, Ellen, on behalf of the trust, sought an extension to complete the work and file the requisite proof with the State Engineer. The State Engineer granted the trust’s request and extended the time for completion by one year. The State Engineer granted the same request again in 2011 and 2012.

Continue reading “Is the cancellation of a water permit subject to judicial review?” →