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The Nevada Supreme Court |
The best and the worst of Nevada Supreme Court decisions |
I. The Worst |
| 1. Glenbrook Homeowners v. Pettitt, 112 Nev. Adv.Op. 99 (1996) |
| This unanimous per curiam decision held that NRS 37.017(7), which says
that eminent domain may be used for roads, implies that anyone may exercise
the sovereign power of eminent domain without further legislative authorization.
The decision reversed the lower court ruling that a homeowners association
cannot condemn a neighborhood property to widen its entrance, since it
was not one of the many entities specifically empowered by the State legislature
to exercise the sovereign power of eminent domain. The idea that
any citizen, without legislative approval, may command the sovereign power
of the state, and the consequence that the courts would have to defer
to such a "condemnor's" conclusions of public use and necessity
in the same manner as the conclusions of elected public officials, but
without the statutory safeguards that apply to statutorily authorized
entities, sent shivers up the spines of the Nevada State Legislature,
which quickly nullified this decision in its1997 session. The decision
demonstrated a misunderstanding of sovereignty, a misapprehension of the
power of eminent domain, disregard for common rules of statutory interpretation,
or a willingness to reach a result with no regard for the consequences. |
II. The Best |
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Submit your pick of the best and the worst
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| The best Tell us the name and citation of the Nevada Supreme Court decision(s) you think reached the right result for the right reason, demonstrated courage, or should otherwise be considered the best and tell us why.  |
| The worst Tell us the name and citation of the Nevada Supreme Court decision(s) you think reached the wrong result for the wrong reason, demonstrated something other than courage, or should otherwise be considered the worst and tell us why. |