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SUSTAINABLE GROWTH v. JUMPERS, LLC

No. 41118.

128 P.3d 452 (2006)

SUSTAINABLE GROWTH INITIATIVE COMMITTEE, a Political Action Committee, Appellant, v. JUMPERS, LLC, a Nevada Limited Liability Company; Century 21, Clark Properties, Inc., a Nevada Corporation; Jay D. Marriage, an Individual; Chichester Estates; Nevada Northwest, LLC; Douglas County, a Political Subdivision of the State of Nevada; Douglas County Building Industry Association, a Nevada Non-profit Corporation; Aurora Land, LLC, a Nevada Limited Liability Company; Merrill Construction, Inc., a Nevada Corporation; and Syncon Homes, Respondents. Syncon Homes, Cross-Appellant, v. SUSTAINABLE GROWTH INITIATIVE COMMITTEE, a Political Action Committee, Cross-Respondent. DOUGLAS COUNTY BUILDING INDUSTRY ASSOCIATION, a Nevada Nonprofit Corporation; Aurora Land, LLC, a Nevada Limited Liability Company; and Merrill Construction, Inc., a Nevada Corporation, Cross-Appellants, v. Sustainable Growth Initiative Committee, a Political Action Committee and Douglas County, a Political Subdivision of the State of Nevada, Cross-Respondents.

Supreme Court of Nevada.

February 9, 2006.

Attorney(s) appearing for the Case

Brooke Shaw Zumpft and William Jac Shaw, Minden, for Appellant/Cross-Respondent Sustainable Growth Initiative Committee.

Bader & Ryan and Kevin P. Ryan, Reno, for Respondents Jumpers, Century 21, and Marriage.

Scott W. Doyle, District Attorney, and Brian V. Chally, Chief Deputy District Attorney, Douglas County; Thorndal Armstrong Delk Balkenbush & Eisinger and Brent T. Kolvet, Reno, for Respondent Douglas County.

Scarpello & Huss, Ltd., and Mark R. Forsberg, Carson City, for Respondents Chichester Estates and Nevada Northwest.

Kelly R. Chase, Minden, for Respondents/Cross-Appellants Douglas County Building Industry Association, Aurora Land, and Merrill Construction.

Law Offices of Kermitt L. Waters and James Jack Leavitt, Autumn L. Waters, and Kermitt L. Waters, Las Vegas; Manatt, Phelps & Phillips, LLP, and Michael Munroe Berger and George M. Soneff, Los Angeles, California, for Respondent/Cross-Appellant Syncon Homes.

McDonald Carano Wilson LLP and John Frankovich, Reno, for Amicus Curiae Nevada Association of Realtors.

Before the Court En Banc.

OPINION

ROSE, C.J.

In this appeal, we address a challenge to a growth initiative adopted by the voters in Douglas County, Nevada. In 2002, the voters of Douglas County passed the Sustainable Growth Initiative (SGI), which limited the number of new dwelling units in the county to 280 per annum. The SGI was challenged as being inconsistent with the Douglas County Master Plan (Master Plan), and the parties filed competing motions for summary judgment...

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