NEVADANS FOR PROP. RIGHTS v. SEC'Y OF STATE

No. 47825.

141 P.3d 1235 (2006)

NEVADANS FOR THE PROTECTION OF PROPERTY RIGHTS, INC., a Nevada Corporation; Henderson Chamber of Commerce, a Nevada Non-Profit Corporation; Las Vegas Chamber of Commerce, a Nevada Non-Profit Corporation; Nevada Contractors Association, a Nevada Non-Profit Corporation; Associated General Contractors, a Nevada Non-Profit Corporation; Southern Nevada Homebuilders Association Inc., a Nevada Non-Profit Corporation; Nevadans for Nevada, a Nevada Non-Profit Corporation; Clark County, a Political Subdivision of the State of Nevada; Clark County Regional Flood Control District, a Regional Government Agency; Southern Nevada Water Authority, a Regional Government Agency; Las Vegas Valley Water District, a Regional Government Agency; Regional Transportation Commission of Southern Nevada, a Regional Government Agency; Sue Allen, an Individual; Judith Brailsford, an Individual; Jeff Codega, an Individual; Lisa Mayo Deriso, an Individual; M.J. Harvey, an Individual; John Hiatt, an Individual; Jon Mayer, an Individual; Terry Murphy, an Individual; John Restrepo, an Individual; Bruce L. Woodbury, an Individual; and the City of Boulder City, Appellants, v. Dean HELLER, in His Capacity as Secretary of State; People's Initiative to Stop the Taking of Our Land, an Un-Incorported Organization; Don Chairez, an Individual; Kermitt L. Waters, an Individual; and Autumn Lee Waters, an Individual, Respondents.

Supreme Court of Nevada.

Rehearing Denied September 18, 2006.


Attorney(s) appearing for the Case

David R. Olsen, City Attorney, Boulder City, for Appellant City of Boulder City.

David J. Roger, District Attorney, Mary-Anne Miller, and E. Lee Thomson, Deputy District Attorneys, Clark County, for Appellants Clark County and Clark County Regional Flood Control District.

Charles K. Hauser and James L. Taylor, Las Vegas, for Appellants Las Vegas Valley Water Distribution and Southern Nevada Water Authority.

Zev E. Kaplan, Las Vegas, for Appellant Regional Transportation Commission of Southern Nevada.

Kummer Kaempfer Bonner & Renshaw, and Tami D. Cowden, Mark E. Ferrario, and Thomas F. Kummer, Las Vegas, for Appellants Nevadans for the Protection of Property Rights, Henderson Chamber of Commerce, Las Vegas Chamber of Commerce, Nevada Contractors Association, Associated General Contractors, Southern Nevada Homebuilder's Association, Nevadans for Nevada, Allen, Brailsford, Codega, Deriso, Harvey, Hiatt, Mayer, Murphy, Restrepo, Woodbury, and City of Boulder City.

George Chanos, Attorney General, and Joshua J. Hicks, Deputy Attorney General, Carson City, for Respondent Dean Heller, Secretary of State.

Hansen & Hansen, LLC, and Jonathan J. Hansen, Las Vegas, for Respondent People's Initiative To Stop The Taking of Our Land and Chairez.

Law Offices of Kermitt L. Waters and Autumn L. Waters and Kermitt L. Waters, Las Vegas, for Respondents Kermitt and Autumn Waters.

Kolesar & Leatham, Chtd., and Nile Leatham and James B. MacRobbie, Las Vegas, for Amicus Curiae Institute for Justice.

Before the Court En Banc.


OPINION

DOUGLAS, J.

In this opinion, we consider the constitutionality of NRS 295.009, which places a single-subject requirement on initiative petitions, and whether the initiative petition at issue in this appeal, the Nevada Property Owners' Bill of Rights, violates that requirement. We conclude that NRS 295.009 is constitutional and that because the Nevada Property Owners' Bill of Rights embraces more than one subject, the initiative violates this...

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