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SOUTHERN NEV. HOMEBUILDERS v. CLARK COUNTY

No. 42418.

117 P.3d 171 (2005)

SOUTHERN NEVADA HOMEBUILDERS ASSOCIATION, Appellant, v. CLARK COUNTY, a Political Subdivision of the State of Nevada; Citizens for Smart Growth; Concerned Citizens of Logandale; Northwest Citizens Association; Charles Carter; Mary Duehlmeier; Carolyn Edwards; George Hitter; and Lisa Mayo-De Riso, Respondents.

Supreme Court of Nevada.

August 11, 2005.

Attorney(s) appearing for the Case

Kummer Kaempfer Bonner & Renshaw and Christopher L. Kaempfer and James E. Smyth II, Las Vegas; Lubbers Law Group and Edward C. Lubbers, Las Vegas, for Appellant.

David J. Roger, District Attorney, and Robert T. Warhola, Deputy District Attorney, Clark County, for Respondent Clark County.

Law Office of Garry L. Hayes and Garry L. Hayes and Martin L. Welsh, Henderson, for Respondents Citizens for Smart Growth, Concerned Citizens of Logandale, Northwest Citizens Association, Carter, Duehlmeier, Edwards, Hitter, and Mayo-De Riso.

Before ROSE, GIBBONS and HARDESTY, JJ.

OPINION

HARDESTY, J.

The Clark County Board of Commissioners approved a debated zoning ordinance that required supermajority (two-thirds) board approval of nonconforming zone change applications. The ordinance's enabling statute, NRS 278.260, is silent as to whether supermajority approval is authorized. The district court concluded that the construction of other relevant statutes, together with silence on the matter in NRS 278.260, amounted to a broad...

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