MUNICIPAL ORDINANCE - NEVADA

Scenic Nevada, Inc. v. City of Reno

Supreme Court of Nevada - June 30, 2016 - P.3d - 2016 WL 3552000 - 132 Nev. Adv. Op. 48

Advocacy organization brought action to invalidate city ordinance permitting digital advertising displays.

Following bench trial, the Second Judicial District Court entered judgment in city’s favor, and organization appealed.

The Supreme Court of Nevada held that:

State constitution’s three-year moratorium on legislative amendments to voter initiatives applied to municipal initiatives, and thus city ordinances amending municipal initiative within three years of its adoption were void ab initio, notwithstanding statute providing that municipal initiative ordinances were to be treated same as ordinances adopted by city council, and city charter that permitted ordinances to be amended at any time.

Although city billboard ordinances were originally adopted in violation of state constitution’s three-year moratorium on legislative amendments to voter initiatives, city’s reenactment of ordinances after three-year legislative moratorium had expired validated them.



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