Mcsweeney-Wilson v. Storey County Commissioners; and Stericycle, Inc.

Summary

The Nevada Supreme Court affirmed dismissal of Mary Lou McSweeney-Wilson’s petition for judicial review challenging Storey County’s approval of Stericycle, Inc.’s special land use permit. The court held that Wilson lacked standing under NRS 278.3195(4) because she did not participate in or appeal the relevant proceedings and was not an aggrieved person, and it rejected her due process arguments.

Holdings

1. A person may seek judicial review of a governing body's land use decision under NRS 278.3195(4) only if the person appealed a decision to the governing body in accordance with the applicable ordinance and is aggrieved by the governing body's decision. Wilson lacked standing because she did not participate in or appeal the relevant proceedings and did not show that she was aggrieved.
2. A party's alleged lack of awareness of the meetings concerning a land use application does not excuse strict compliance with NRS 278.3195(4)'s standing requirements.
3. Wilson's due process claim failed because she did not allege or demonstrate deprivation of a cognizable liberty or property interest.

Questions Presented

1. Whether McSweeney-Wilson had standing under NRS 278.3195(4) to seek judicial review of the Storey County Commissioners' land use decision.
2. Whether Wilson should be excused from strictly complying with NRS 278.3195(4) because she was unaware of the meetings at which Stericycle's application was considered.
3. Whether the county's notice and meeting procedures deprived Wilson of due process.

Disposition

affirmed