Legislation Details

File #: 24-1101   
Status: Agenda Ready
File created: 8/6/2024 In control: Clark County Board of Commissioners
On agenda: 8/20/2024 Final action:
Title: Authorize the District Attorney's Office to appeal the decision to grant a petition for judicial review in the Eighth Judicial District Court action Case No. A-23-880029-J ABCNV, et al v. Clark County 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 Eighth Judicial District Court action Case No. A-23-880029-J ABCNV, et al v. Clark County 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 $5,000.00

Description:

Miscellaneous court fees and related expenses

Additional Comments:

N/A

 

BACKGROUND: 

On September 20, 2023, the Board of County Commissioners denied without prejudice a special use permit application for cannabis cultivation facility at 3345 Pepper Lane which is on the south side of Pepper Lane, approximately 461 feet west of Pecos Road within Paradise.  The applicant 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 believes there is sufficient legal basis for a successful appeal.  Therefore, the District Attorney's Office seeks authorization to commence an appellate action in the Court of Appeals or 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.