31. Preemption.
a. "Each type of regulation [zoning and gaming licensing]
is the subject of separate and distinct legislative authority."
Primm v. City of Reno, 70 Nev. 7, 15, 252 P.2d
835 (1953). No. 3.
b. "We need not here decide as to the legality of land use
zoning as a method of control in the distribution or limitation of businesses
which, by virtue of their character, are made subject to regulatory control
of that nature. It should in any event at least be clear that the regulation
of land use by zoning does not preclude and is not inconsistent
with independent regulatory limitation or distribution of businesses pursuant
to independent statutory authority." Id. at 17.
c. "Whenever a legislature sees fit to adopt a general scheme
for the regulation of a particular subject, local control over the same subject,
through legislation, ceases. In determining whether the legislature intended
to occupy a particular field to the exclusion of all local regulation, the Court
may look to the whole purpose and scope of the legislative scheme. Ronnow
v. City of Las Vegas, 57 Nev. 332, 65 P.2d 133 (1937)."
Lamb v. Mirin, 90 Nev. 329, 332, 526 P.2d 80 (1974).
[not a zoning case] No. 17.
d. "That which is allowed by the general laws of a state
cannot be prohibited by local ordinance, without an express grant on the part
of the legislature." Id. at 333.
e. "In Lamb v. Mirin, 90 Nev. 329, 526 P.2d
80 (1974), we noted that in determining whether the // legislature intended
to occupy a particular field to the exclusion of all local regulation the courts
should look to the whole purpose and scope of the legislative scheme. 'That
which is allowed by the general laws of a state cannot be prohibited by local
ordinance, without an express grant on the part of the legislature.' Lamb,
90 Nev. at 333, 526 P.2d at 82.
Flick Theater v. City of Las Vegas, 104 Nev.
87, 89-90, 752 P.2d 235 (1988). No. 26.
f. "The state has delegated to the city express authority
to regulate the location of sexually oriented businesses. General authority
to regulate the location and use of buildings and structures, in order to promote
the health and general welfare of the community, is granted under NRS 278.020
and NRS 278.250. These state statutes do not constitute a comprehensive statutory
scheme which purports to regulate the location of sexually oriented businesses
throughout the state and do not indicate any attempt by the state to occupy
the field. To the contrary, the intent of the state, as clearly manifested in
the above statutes, is to vest in local government the authority to regulate
such matters as they see fit. These ordinances are not, as claimed by Flick,
an excessive exercise of municipal legislative power that renders the ordinances
void under state law." Id. at 90.
g. "There is no state law indicating that the ruling of
the State Engineer preempts a county or other governmental entity from enacting
zoning laws that impose limitations on water use that are more restrictive than
those of the State Engineer. .... County and local governments can place more
burdensome restrictions on local growth and development as long as those restrictions
are consistent with the relevant long-term comprehensive plans, Nevada law,
and notions of public welfare."
Serpa v. County of Washoe, 111 Nev. 1081, 1085,
901 P.2d 690 (1995). No. 47.