Masto v. Gypsum Resources, LLC

294 P.3d 404, 129 Nev. 23, 129 Nev. Adv. Rep. 4, 2013 Nev. LEXIS 3, 2013 WL 372576
CourtNevada Supreme Court
DecidedJanuary 31, 2013
DocketNo. 59557
StatusPublished
Cited by30 cases

This text of 294 P.3d 404 (Masto v. Gypsum Resources, LLC) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Masto v. Gypsum Resources, LLC, 294 P.3d 404, 129 Nev. 23, 129 Nev. Adv. Rep. 4, 2013 Nev. LEXIS 3, 2013 WL 372576 (Neb. 2013).

Opinion

OPINION

By the Court,

Parraguirre, J.:

The United States Court of Appeals for the Ninth Circuit has certified four questions to this court regarding the constitutionality of Nevada Senate Bill No. 358, S.B. 358, 72d Leg. (Nev. 2003), in which the Nevada Legislature adopted amendments to Nevada law that prohibit Clark County from rezoning land in certain areas adjacent to Red Rock Canyon National Conservation Area, including 2,500 acres owned by respondent Gypsum Resources, LLC. Those questions are: (1) Does S.B. 358 violate Article 4, Section 20 of the Nevada Constitution because it is a “local or special law” that “regulatfes] county . . . business”?; (2) Does S.B. 358 violate Article 4, Section 21 of the Nevada Constitution because a general law could have been made “applicable”?; (3) Does S.B. 358 violate Article 4, Section 25 of the Nevada Constitution by establishing a “system of County . . . Government” that is not “uniform throughout the State”?; and (4) If S.B. 358 would otherwise violate Article 4, Sections 20, 21, or 25 of the Nevada Constitution, does it fall within an applicable exception and so remain valid?

[26]*26We answer the first three questions in the affirmative and the last question in the negative.

FACTS

In 1990, the United States Congress allotted nearly 200,000 acres in southern Nevada to the establishment of the Red Rock National Conservation Area (Red Rock) to preserve “the area in southern Nevada containing and surrounding the Red Rock Canyon.” 16 U.S.C. § 460ccc-l(a)(l), (2) (2006). In establishing Red Rock, Congress expressed its opinion that these 200,000 acres would adequately preserve the areas worthy of preservation: “The Congress does not intend for the establishment of the conservation area to lead to the creation of protective perimeters or buffer zones around the conservation area.” Id. § 460ccc-9.

By 2003, Las Vegas had become the fastest growing metropolitan area in the country, and the prospect of urban sprawl reaching the areas surrounding Red Rock became a distinct possibility. Capitalizing on this possibility, Gypsum purchased 2,500 acres of land adjacent to Red Rock in March 2003. Although the land was zoned as a rural area, Gypsum hoped to obtain a zoning variance from the Clark County Board of Commissioners in order to undertake a large-scale residential development project.

Also in March 2003, the Nevada Legislature was in session. Dina Titus, a Senator at the time, explained to fellow legislators that she had been working hand-in-hand with the Clark County Board of Commissioners to curtail development near Red Rock. See Hearing on S.B. 358 Before the Senate Government Affairs Comm., 72d Leg. (Nev., March 26, 2003). To this end, Senator Titus explained that she and the county commissioners had formulated a plan to protect the area adjacent to Red Rock’s eastern border and west of the Las Vegas outskirts (Adjacent Lands). Id.

Senator Titus explained that the first step in implementing her plan entailed the county commissioners creating a new zoning district consisting of the Adjacent Lands. Id. Once created, the commissioners would refuse to accept zoning-variance requests within this new district.

The second part of the plan involved Senator Titus introducing S.B. 358. She explained that, if enacted, the bill would remove Clark County’s zoning powers over the Adjacent Lands. See id. In other words, S.B. 358 would prevent the county commissioners from later changing their minds about refusing to accept zoning-variance requests. Senator Titus explained her reasons for seeking legislative involvement:

Why does the State need to get involved at all? The answer is simple; as you know, one Legislature cannot bind another Legislature, one commission could not bind another commis[27]*27sion. Well, this current commission feels very strongly about protecting Red Rock Canyon, but this does not mean in the future some aggressive developer couldn’t go to the commission and attempt to get a zoning change, so they could do more dense development. It is much harder to get a State law changed than it is to get a zoning variance, and this is not an issue just of zoning, it is an issue of protecting a state and national treasure.

Id.

Senator Titus garnered the support necessary to pass S.B. 358, which was titled the Red Rock Canyon Conservation Area and Adjacent Lands Act (Adjacent Lands Act). See 2003 Nev. Stat., ch. 105, §§ 1-10, at 595-98.

In pertinent part, S.B. 358 provides as follows:

With respect to adjacent lands, a local government:
1. Shall not, in regulating the use of those lands:
(a) Increase the number of residential dwelling units allowed by zoning regulations in existence on the effective date of this act ... ;
(b) Establish any new nonresidential zoning districts, other than for public facilities; or
(c) Expand the size of any nonresidential zoning district in existence on the effective date of this act, other than for public facilities.

Id. § 8, at 597.

S.B. 358 also defines “[ajdjacent lands” on a parcel-by-parcel basis in a manner that (1) encompasses Gypsum’s land, and (2) makes Clark County the only possible “local government” to which S.B. 358 pertains. Id. § 7, at 597. Thus, S.B. 358’s practical effect is to remove Clark County’s zoning powers over Gypsum’s land.

Shortly after the passage of S.B. 358, the Clark County Board of Commissioners adopted an ordinance that established a new zoning district containing the Adjacent Lands and decreed that the commissioners would refuse to entertain requests for zoning variances within this district.

Gypsum filed suit against appellant Attorney General in federal district court, asking the court to enjoin the State of Nevada from enforcing S.B. 358. As a basis for injunctive relief, Gypsum claimed that S.B. 358 violated portions of the Nevada and U.S. Constitutions.

Ruling on various motions, the federal district court granted summary judgment in favor of Gypsum on its Nevada constitutional claims and denied the Attorney General’s summary judgment motion on Gypsum’s federal equal protection claim. Gypsum then [28]*28voluntarily dismissed its equal protection claim, leaving only the Nevada constitutional claims. The Attorney General then appealed the district court’s summary judgment order to the Ninth Circuit.

Believing there to be no clearly controlling precedent on the state constitutional issues, the Ninth Circuit certified the questions currently before this court.

DISCUSSION

Gypsum argues that S.B. 358 is a local or special law that regulates county business and establishes a system of county government that is not uniform throughout the State, in violation of Sections 20, 21, and 25 of Article 4 of the Nevada Constitution. Gypsum further argues that S.B. 358 does not fall within any exception to the above constitutional provisions. We agree.

S.B. 358 violates Article 4, Section 20 because it is a local law that regulates county business

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Cite This Page — Counsel Stack

Bluebook (online)
294 P.3d 404, 129 Nev. 23, 129 Nev. Adv. Rep. 4, 2013 Nev. LEXIS 3, 2013 WL 372576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/masto-v-gypsum-resources-llc-nev-2013.