Supreme Court throws out Douglas County development rule

Sunday, July 16, 2000 | 10:55 a.m.

The court's order Friday directs Douglas County to grant the master plan change sought by Roger Falcke and Herbig Properties, and to allow commercial development on 7.5 acres of wetlands near Gardnerville.

The county commission voted 3-2 to change the master plan and allow their project. But they were denied a permit because a county ordinance requires a "super majority" vote of at least 4-1 for such changes.

Falcke lawyer Todd Russell argued the Legislature set a two-thirds vote requirement for planning commissions statewide but that state law requires only a majority vote by county commissions.

A court panel of Justices Cliff Young, Deborah Agosti and Myron Leavitt sided with him.

"Certainly, the desire of the board to curtail development and strictly control land use is understandable," the opinion says.

"(But) if the Legislature intended to require a super-majority vote of the board to amend the master plan, it would have expressed this intent just as it had done ... by requiring a two-thirds vote of the planning commission."

Deputy District Attorney Thomas Perkins said there's nothing illegal about the county going for a tougher standard than the state, and the state traditionally has allowed counties and cities to do so.

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