NEVADANS FOR NEVADA, a Nevada Nonprofit Corporation; Nevada State Education Association, a Nevada Nonprofit Corporation; Nevadans for Quality Education, a Nevada Nonprofit Corporation; Progressive Leadership Alliance of Nevada, a Nevada Nonprofit Corporation; and Nevada Alliance of Retired Americans, a Nevada Nonprofit Organization, Appellants,
v.
Bob BEERS, an Individual; Ann O'Connell, an Individual; Kiley Chandler, an Individual; TASC for Nevada Committee, an Unincorporated Association; and Dean Heller, in his Capacity as Secretary of State of the State of Nevada, Respondents.
Supreme Court of Nevada.https://leagle.com/images/logo.png
September 8, 2006.
September 8, 2006.
Attorney(s) appearing for the Case
Dyer, Lawrence, Penrose, Flaherty & Donaldson and James W. Penrose, Carson City; McCracken Stemerman Bowen & Holsberry and Richard G. McCracken, Las Vegas; Davis Crowell & Bowe and Paul L. More, San Francisco, California, for Appellants.
George Chanos, Attorney General, and Joshua J. Hicks, Deputy Attorney General, Carson City, for Respondent Dean Heller, Secretary of State.
Hansen & Hansen, LLC, and Joel F. Hansen, Las Vegas, for Respondents Beers, O'Connell, Chandler, and TASC for Nevada Committee.
Glade L. Hall, Reno, for Amici Curiae Nevada Eagle Forum, Nevadans for Sound Government, Nevada Committee for Full Statehood, Citizens for Responsible Government, Nevada Concerned Citizens, Belcro Media Group, Burke Consortium of Carson City, Citizens in Action, Americans for a Limited Government, Edwatch Nevada, Ascended Knowledge Ministries, Foundation to Protect and Defend the Nevada Constitution, Independent American Party, Nevada Families Education Foundation, Nevada Homeschool Network, Nevada Republican Liberty Caucus, Title of Liberty Foundation, People to Protect America, People Organized for the Next Generation, Nevadans for Tax Restraint, and Republican Advocates of Incline Village, Crystal Bay Nevada.
McDonald Carano Wilson LLP and Cody R. Noble and Jeffrey A. Silvestri, Las Vegas, for Amicus Curiae Taxpayer's Association.
Before the Court En Banc.
Supreme Court of Nevada.
OPINION
PER CURIAM.
This case is about providing Nevadans a clear and certain pathway for effecting constitutional change. In this, we adopt an unequivocal objective test for judicial review of this and future ballot petitions. In this appeal, we decide whether the district court properly denied a complaint for declaratory and injunctive relief, which sought to prevent the Tax and Spending Control for Nevada Initiative from being placed on the November...
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