File #: 24-465   
Status: Agenda Ready
File created: 3/26/2024 In control: Clark County Board of Commissioners
On agenda: 4/2/2024 Final action:
Title: Authorize the District Attorney's Office to appeal the decision to grant a petition for judicial review in the Eight Judicial District Court action, LV Judson, LP v. Clark County, Case No. A-23-869800-J, to the Court of Appeals or Supreme Court of Nevada. (For possible action)
Attachments: 1. Staff Report

CLARK COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM

 

Petitioner:

Steven B. Wolfson, District Attorney

Recommendation: 

title

Authorize the District Attorney's Office to appeal the decision to grant a petition for judicial review in the Eight Judicial District Court action, LV Judson, LP v. Clark County, Case No. A-23-869800-J, to the Court of Appeals or Supreme Court of Nevada.  (For possible action)

body

 

 

FISCAL IMPACT:

Fund #:

1010.000

Fund Name:

General Fund

Fund Center:

1080716000

Funded PGM/Grant:

N/A

Amount:

Up to $5,000

Description:

Miscellaneous court fees and related expenses

Additional Comments:

N/A

 

BACKGROUND: 

On March 22, 2023, the Board of County Commissioners denied without prejudice a design review application for an office warehouse at the northwest corner of Lamb Boulevard and Judson Avenue.  The owner of the property challenged the Board's decision by filing a petition for judicial review in State District Court.  The District Court granted the Petition, thus overturning the Board's decision.  The District Attorney's Office believes the Petition was incorrectly granted and that there is a sufficient legal basis for a successful appeal.  Therefore, the District Attorney's Office seeks authorization to commence an appellate action in the Supreme Court of Nevada to challenge the Court's decision. 

The District Attorney's Office recommends that the Board of County Commissioners authorize such action.