§ 268.604 — Order staying effectiveness of ordinance: Application; limitations

Nevada § 268.604

• Jurisdiction: Nevada
• Title 21: CITIES AND TOWNS
• Ch. 268: Powers

Text

1. Any person appearing and protesting such annexation at the public hearing, as provided in NRS 268.590 , or any person filing with the city clerk of the annexing city a written protest to such annexation within 15 days after the conclusion of such public hearing, who believes that he or she will suffer material injury, by reason of the failure of the governing body of the annexing city to comply with the procedure set forth in NRS 268.570 to 268.608 , inclusive, or to meet the requirements set forth in NRS 268.580 as the same applies to his or her property, shall have the right, within 30 days from the date of the adoption of the annexation ordinance, to apply to the district court having jurisdiction of the annexed territory for an order staying the effectiveness of such annexation ordinance.
2. Such application shall explicitly state what exceptions are taken to the action of the governing body and what relief the applicant seeks.
3. The court shall accord such application precedence over any civil business not involving the public interest.
4. In hearing and deciding on such application, the court shall consider any evidence or statements introduced at the public hearing on such annexation, and any evidence which it finds to have been arbitrarily or capriciously excluded. If the court finds that any of the steps required by NRS 268.570 to 268.608 , inclusive, have not been taken or that the governing body has abused its discretion in taking any such action, or that the requirements set forth in NRS 268.580 have not been met, the court shall make such temporary or final order in the premises as the ends of justice may require.
5. All actions or suits attacking the validity of the proceedings not brought within the 30-day period shall thereafter be perpetually barred.

Legislative History

(Added to NRS by 1967, 1608 )