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CLEAN WATER COALITION v. THE M RESORT, LLC

No. 57649.

255 P.3d 247 (2011)

CLEAN WATER COALITION, A Nevada Joint Powers Authority, Appellant/Cross-Respondent, v. THE M RESORT, LLC, A Nevada Limited Liability Company; PH Metro, LLC, A Nevada Limited Liability Company; Ovation Development Corporation, A Nevada Corporation; Jet Hangars, LLC, A Nevada Limited Liability Company; Sun City Summerlin Community Association, Inc., A Nevada Non-Profit Corporation; and Henderson Chamber of Commerce, Inc., A Nevada Non-Profit Corporation, Respondents/Cross-Appellants, v. State of Nevada, ex rel. the Legislature of the 26th Special Session of the State of Nevada; The Honorable Brian E. Sandoval, In His Official Capacity as Governor of the State of Nevada; the Honorable Kate Marshall, In Her Official Capacity as Treasurer of the State of Nevada; and the Honorable Kim R. Wallin, In Her Official Capacity as Controller of the State of Nevada, Respondents/Cross-Respondents.

Supreme Court of Nevada.

May 26, 2011.

Attorney(s) appearing for the Case

Parsons Behle & Latimer and Michael R. Kealy and Robert W. DeLong , Reno, for Appellant/Cross-Respondent.

Catherine Cortez Masto , Attorney General, and C. Wayne Howle , Solicitor General, and Blake A. Doerr , Deputy Attorney General, Carson City, for Respondents Brian Sandoval, Kate Marshall, and Kim Wallin.

Legislative Counsel Bureau Legal Division and Brenda J. Erdoes , Legislative Counsel, and Kevin C. Powers , Senior Principal Deputy Legislative Counsel, Carson City, for Respondent Legislature of the State of Nevada.

Kaempfer Crowell Renshaw Gronauer & Fiorentino and Jason Woodbury , Christopher L. Kaempfer , and Severin A. Carlson , Las Vegas; O'Reilly Law Group and John F. O'Reilly and Timothy R. O'Reilly , Las Vegas, for Respondents/Cross-Appellants Henderson Chamber of Commerce, Inc.; Jet Hangers, LLC; Ovation Development Corporation; PH Metro, LLC; Sun City Summerlin Community Association, Inc.; and The M Resort, LLC.

Elizabeth Macias Quillin , City Attorney, and Michael J. Oh , Assistant City Attorney, Henderson, for Amicus Curiae City of Henderson.

Nicholas G. Vaskov , Acting City Attorney, and Jeffrey F. Barr , Deputy City Attorney, North Las Vegas, for Amicus Curiae City of North Las Vegas.

John J. Kadlic , City Attorney, and Jonathan D. Shipman , Deputy City Attorney, Reno, for Amicus Curiae City of Reno.

Before the Court En Banc.

OPINION

By the Court, HARDESTY, J.:

Confronting a statewide budget crisis, the Nevada Legislature, during the 2010 special session, undertook several revenue-adjustment and cost-cutting measures in an effort to balance the State's budget, which resulted in the enactment of Assembly Bill 6 (A.B. 6), 26th Special Session (Nev. 2010). Section 18 of A.B. 6 mandates the transfer of $62 million in securities and cash from a political subdivision of the...

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