LAS VEGAS TAXPAYER COMM. v. CITY COUNCIL

No. 53657.

208 P.3d 429 (2009)

LAS VEGAS TAXPAYER ACCOUNTABILITY COMMITTEE; Las Vegas Redevelopment Reform Committee; D. Taylor; Christopher Bohner; and Ken Liu, Appellants, v. CITY COUNCIL OF the CITY OF LAS VEGAS, Nevada; Beverly K. Bridges, In her Official Capacity as City Clerk of the City of Las Vegas; Livework, LLC, A Delaware Limited Liability Company; FC Vegas 20, LLC, A Nevada Limited Liability Company; FC Vegas 39, LLC, A New York Limited Liability Company; and Downtown Las Vegas Alliance, A Nevada Nonprofit Corporation, Respondents.

Supreme Court of Nevada.

May 28, 2009.


Attorney(s) appearing for the Case

McCracken, Stemerman & Holsberry and Richard G. McCracken, Andrew J. Kahn, and Paul L. More, Las Vegas, for Appellants.

Kummer Kaempfer Bonner Renshaw & Ferrario and Tami D. Cowden, Mark E. Ferrario, and Jason Woodbury, Las Vegas, for Respondents Livework, FC Vegas 20, FC Vegas 39, and Downtown Las Vegas Alliance.

Bradford R. Jerbic, City Attorney, and Phil Byrnes, Deputy City Attorney, Las Vegas; Lewis and Roca LLP and Daniel F. Polsenberg, Jacqueline A. Gilbert, and Jennifer B. Anderson, Las Vegas, for Respondents City Council of the City of Las Vegas and Beverly K. Bridges.

BEFORE THE COURT EN BANC.


OPINION

By the Court, HARDESTY, C.J.:

In this appeal, we consider whether the district court properly refused to require the Las Vegas City Council to place a proposed local initiative and referendum on the June 2009 ballot for the general city election. In reaching its decision, the district court ruled that the City Council had discretion to consider the measures' substantive validity in determining whether to place them on the ballot. We disagree...

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