Gypsum Resources, LLC v. Catherine Masto
671 F.3d 834
9th Cir.2011Background
- Gypsum Resources, LLC owned 2,400 acres in Clark County, Nevada, adjacent to Red Rock Canyon NRCA, with zoning potential for residential and commercial development.
- Nevada considered SB 358 in 2003, which restricted local zoning actions within the Spring Mountains Recreation Area and related matters.
- SB 358 § 8 prohibited increasing residential unit counts, creating new nonresidential districts, or expanding nonresidential districts in the area, among other regulatory authorities.
- Clark County enacted CCO 2914, largely mirroring SB 358 § 8, within the Spring Mountain Recreation Area in Clark County.
- The district court held SB 358 unconstitutional under Nev. Const. art. IV, §§ 20, 21, 25, granted Gypsum summary judgment on state-law claims, and dismissed remaining federal claims after a stipulation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| SB 358 violates art. IV, § 20? | Gypsum argues SB 358 is local law regulating county business, violating §20. | Masto contends SB 358 is not a local law restricting county business under §20 and may be valid. | Certified questions; no ruling on merits here. |
| SB 358 violates art. IV, § 21? | Gypsum asserts SB 358 lacks general applicability and uniform operation, violating §21. | Masto contends SB 358 can be valid under constitutional principles or exceptions. | Certified questions; no ruling on merits here. |
| SB 358 violates art. IV, § 25? | Gypsum contends SB 358 disrupts uniform county and township government, violating §25. | Masto maintains consistency with state planning authority and potential exceptions. | Certified questions; no ruling on merits here. |
| If SB 358 would violate §§ 20, 21, or 25, does it fall within an exception and remain valid? | Gypsum argues no applicable exception salvages SB 358. | Masto argues exceptions might preserve validity under certain circumstances. | Certified questions; no ruling on merits here. |
Key Cases Cited
- Palmer v. Pioneer Inn Assocs. Ltd., 59 P.3d 1237 (Nev. 2002) (rephrasing/certification of questions; Nevada Supreme Court to decide, with potential rephrasing)