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WITHEROW v. STATE BD. OF PAROLE COMM'RS

No. 42387.

167 P.3d 408 (2007)

John WITHEROW, Appellant, v. The STATE of Nevada BOARD OF PAROLE COMMISSIONERS; Dorla M. Salling; J. Allen; T. Goodson; Jon Morrow; and Susan McCurdy, Respondents.

Supreme Court of Nevada.

September 20, 2007.

Attorney(s) appearing for the Case

Donald York Evans, Reno, for Appellant.

Catherine Cortez Masto, Attorney General, Joseph L. Ward Jr., Chief Deputy Attorney General, and Kelly S. Werth, Deputy Attorney General, Carson City, for Respondents.

BEFORE THE COURT EN BANC.

OPINION

By the Court, DOUGLAS, J.:

Appellant John Witherow is an inmate in state prison. After he was denied parole, he filed a complaint against respondent, the State of Nevada Board of Parole Commissioners, alleging that the Board had violated the Nevada Open Meeting Law, NRS Chapter 241, in connection with his parole hearing. The district court concluded that the Board is not subject to the Open Meeting Law when conducting parole hearings.

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