KAY v. NUNEZ

No. 44090.

146 P.3d 801 (2006)

James A. KAY, Jr., Appellant, v. Oscar NUNEZ; and Clark County Board of Commissioners, A Political Subdivision of the State of Nevada, Respondents.

Supreme Court of Nevada.

November 22, 2006.


Attorney(s) appearing for the Case

Law Office of Garry L. Hayes and Garry L. Hayes and Martin L. Welsh, Henderson, for Appellant.

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

Goodman Brown & Premsrirut and David T. Brown and Eric A. Goodman, Las Vegas, for Respondent Oscar Nunez.

Before MAUPIN, GIBBONS and HARDESTY, JJ.


OPINION

HARDESTY, J.

In this appeal, we clarify the procedure by which a district court reviews local zoning and land use planning decisions. By statute, an aggrieved party's challenge to zoning and planning decisions must now be presented by a petition for judicial review, rather than by a petition for a writ of mandamus.

Further, we decide whether the Clark County Board of Commissioners could properly enact zoning ordinances that allow the...

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