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November 28, 2009

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Del Papa challenges county suit

Kim Smith

Wednesday, July 28, 1999 | 10:40 a.m.

A complaint filed two weeks ago by Nye County against the state of Nevada concerning the distribution of oil, gas and mineral royalties ought to be dismissed, said Nevada Attorney General Frankie Sue Del Papa.

Nye County filed a $66 million lawsuit in Nye County District Court on July 12 claiming the way the state treasurer and state controller distribute funds from federal oil, gas and mineral royalties violates federal law and Nye County suffers as a result.

The county also filed a complaint in U.S. District Court and asked that a temporary injunction be imposed so additional funds can't be distributed until the lawsuit is settled.

On Tuesday, Del Papa asked that the federal complaint be dismissed because she believes the federal courts have no jurisdiction in the matter.

Del Papa argues that, "the state of Nevada need not answer to complaints based upon federal law or equity" because it is immune under the Fourteenth Amendment and because of a limited waiver of immunity under Nevada law.

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