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KILLEBREW v. STATE EX REL. DONOHUE

No. 83830.

535 P.3d 1167 (2023)

139 Nev. Adv. Opn. 43

Eleanor F. KILLEBREW, TRUSTEE OF the KILLEBREW REVOCABLE TRUST, 5TH ADM 1978; KWS Nevada Residential LLC, a/k/a Kern Schumacher, LLC; Dean Ingemanson, Trustee of the LFI-Morgan Personal Residential Trust and Dean Ingemanson as Trustee of the Ingemanson Family Trust; Dennis and Katherine Hart, Trustees of the Hart Tahoe Trust; Todd and Janet Lowe, Trustees of the Lowe Personal Residence Trust; Paul Ingemanson; Fred J. Amoroso and Regina A. Amoroso, Trustees of the Amoroso Family Trust; and Shorezone Property Owners Association, Inc., d/b/a Tahoe Lakefront Owners Association, Appellants, v. STATE of Nevada, EX REL. Charles DONOHUE, State Land Registrar and Administrator of the Division of State Lands, Respondent.

Supreme Court of Nevada.

Filed September 28, 2023.

Attorney(s) appearing for the Case

Lewis Roca Rothgerber Christie LLP and Daniel F. Polsenberg and Abraham G. Smith , Las Vegas; Snell & Wilmer and William E. Peterson , Reno, for Appellants.

Aaron D. Ford , Attorney General, and Daniel P. Nubel , Senior Deputy Attorney General, Carson City, for Respondent.

Legislative Counsel Bureau, Legal Division, and Kevin C. Powers , General Counsel, Carson City, for Amicus Curiae Legislative Commission of the State of Nevada.

BEFORE THE SUPREME COURT, EN BANC.

OPINION

In this opinion, we are tasked with reviewing NAC 322.190, a regulation that sets permit fees for the residential use of piers and buoys on navigable waters in Nevada. In completing that task, we clarify the standard of review for challenges to the validity of an agency's regulation under NRS 233B...

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