DeMartini v. City of Reno; Heinz Ranch Land Company, LLC

DeMartini · Supreme Court of Nevada · March 3, 2022 · No. No. 82331

Summary

The Nevada Supreme Court held that Michael DeMartini lacked standing to seek judicial review of the Reno City Council's decision affirming a conditional approval of a tentative subdivision map. Because DeMartini did not show that his personal or property rights were adversely and substantially affected, the court affirmed the district court's standing determination. The court vacated the district court's ruling on the merits because those issues were not reached.

Holdings

  1. DeMartini lacked standing because he failed to show that his personal right or property right was adversely and substantially affected by the City Council's decision.
  2. The district court's decision on the merits was vacated because DeMartini's lack of standing meant that the court did not reach the merits of his petition.

Questions Presented

  1. Whether DeMartini had standing to seek judicial review of the Reno City Council's decision under the Reno Municipal Code's definition of an aggrieved person.
  2. Whether the district court's merits ruling should stand when DeMartini lacked standing to pursue judicial review.

Disposition

other

Cases Cited (4)

  • Arguello v. Sunset Station, Inc., 127 Nev. 365, 368, 252 P.3d 206, 208 (2011)(followed)
  • Kay v. Nunez, 122 Nev. 1100, 1106-07, 146 P.3d 801, 806 (2006)(distinguished)
  • City of N. Las Vegas v. Eighth Judicial Dist. Court, 122 Nev. 1197, 1206-07, 147 P.3d 1109, 1115-16 (2006)(followed)
  • Edwards v. Emperor's Garden Rest., 122 Nev. 317, 330 n.38, 130 P.3d 1280, 1288 n.38 (2006)(followed)

Cited In (0)

No citing cases on record yet.

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