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McKAY v. CITY OF LAS VEGAS

No. 19491.

789 P.2d 584 (1990)

Brian McKAY, Attorney General of the State of Nevada, Appellant, v. CITY OF LAS VEGAS and Seymore H. Brown, Nancy A. Becker, Toy R. Gregory and Stephen C. Webster, Judges of the Las Vegas Municipal Court, Clark County, Nevada, Respondents.

Supreme Court of Nevada.

March 27, 1990.

Attorney(s) appearing for the Case

Brian McKay, Atty. Gen., Scott W. Doyle, Deputy Atty. Gen., Carson City, for appellant.

George Ogilvie, Jr., City Atty., Emmett Lally, Deputy City Atty., Las Vegas, for respondents.

OPINION

PER CURIAM:

Brian McKay, Attorney General of the State of Nevada (State), appeals from a district court decision holding: (1) that municipal judges have the power to declare state statutes unconstitutional; (2) that NRS 176.059 is a tax statute; and (3) that part of NRS 176.059 which requires courts to collect an assessment against guilty criminal defendants based on the amount of their fine is unconstitutional. The City of Las Vegas (City) and the...

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