Defendants were charged with trespass, and moved to dismiss the charges, arguing that the trespass statute was unconstitutionally vague.
The Justice Court, Las Vegas Township, agreed. The office of the attorney general filed a motion to place on calendar, arguing that it was entitled to notice prior to a ruling on the constitutionality of the trespass statute. The Justice Court denied the motion. The attorney general filed an original petition for a writ of mandamus or prohibition.
The Supreme Court of Nevada held that, under provision of Uniform Declaratory Judgment Act, attorney general is not entitled to notice and opportunity to be heard when constitutional challenges to statutes arise in criminal proceedings.