DocketNumber: No. 18951
Citation Numbers: 105 Nev. 227, 773 P.2d 1224
Filed Date: 5/18/1989
Status: Precedential
Modified Date: 9/9/2022
This is an appeal from an order of the district court granting a motion for summary judgment and declaring certain sections of 1985 Statutes of Nevada Chapter 682 unconstitutional. 1985 Statutes of Nevada Chapter 682 transfers powers of planning, zoning, land division and building inspection from respondent County of Nye to appellant, the unincorporated Town of Pah-rump. The trial court found sections 3 and 4 of chapter 682 to be unconstitutional because they violate article 4, sections 20 and 25 of the Nevada Constitution. Article 4, section 20 of the Nevada Constitution prohibits the legislature from passing local or special laws which regulate county business. Article 4, section 25 of the Nevada Constitution requires that the legislature establish a system of county government which is uniform throughout Nevada. Pahrump appeals the trial court’s ruling on the basis that the trial court misinterpreted and misapplied these provisions of the Nevada Constitution to chapter 682. We affirm the trial court’s ruling.
We are not persuaded by Pahrump’s argument that chapter 682 does not offend article 4, section 25 of the Nevada Constitution
Neither are we persuaded by Pahrump’s argument that chapter 682 merely “affects” county business, but does not regulate it, and therefore does not violate article 4, section 20 of the Nevada Constitution.
Finally, we do not agree with Pahrump’s assertion that Pah-rump’s location in relation to the county seat presents a compelling reason to allow a special law that is exempt from article 4, section 21 of the Nevada Constitution, which requires that wherever possible laws must be general and of uniform operation throughout the state. It appears from the legislative history that chapter 682 was originally presented as a general law; however, when various counties voiced concern and opposition to it, the bill was amended to limit its impact to Pahrump and Nye County. Only after the bill was so amended was passage attained.
As previously announced by this court, the reasoning behind requiring that a statute be general in nature is that when a statute affects the entire state, then it is more likely to receive adequate and thorough consideration from all members of the legislature; whereas, if the bill is localized, it is apt not to be considered seriously by those who are not affected by it. See State ex rel. Attorney General v. Boyd, 19 Nev. 43, 5 P. 735 (1885); City of Reno v. County of Washoe, 94 Nev. 327, 580 P.2d 460 (1978). The legislative history of chapter 682 indicates that its passage was predicated on the very events which section 21 was intended to prevent.
Furthermore, special legislation is not warranted in this situation. There are other constitutional avenues through which Pah-rump may obtain its apparent goal of fast-paced growth without having to seek Nye County’s approval. For instance, Pahrump may acquire control over its zoning, building and growth by becoming an incorporated town. By incorporating, Pahrump
We find no error in the trial court’s ruling that 1985 Statutes of Nevada Chapter 682 is unconstitutional because it violates article 4, sections 20 and 25 of the Nevada Constitution. We, therefore, affirm the trial court’s judgment in its entirety.
Article 4, section 25 of the Nevada Constitution provides that “[t]he legislature shall establish a system of County and Township government which shall be uniform throughout the State.”
Article 4, section 20 of the Nevada Constitution requires, in pertinent part, that “[t]he legislature shall not pass local or special laws in any of the following enumerated cases. . . . Regulating county and township business.”