Legal fight to continue over court ruling

Jace Radke and Cy Ryan

Tuesday, July 22, 2003 | 11:03 a.m.

Despite the two-thirds votes on a tax plan in both houses of the Legislature, those who launched legal challenges against a state Supreme Court ruling that allowed a simple majority vote say they will press their claims.

Assembly Minority Speaker Lynn Hettrick said after the Assembly vote Monday that he would continue to pursue lawsuits challenging the July 10 state Supreme Court ruling.

The seven active federal judges Nevada, meeting as a group last week, said they did not have jurisdiction to take up the matter because it relates to the state Constitution.

After that ruling, the Independent American Party and other groups filed another challenge with U.S. District Judge Kent Dawson seeking to restrain Gov. Kenny Guinn and the Nevada Legislature from passing any tax increase without the constitutionally mandated two-thirds majority.

Independent American Party attorney Joel Hansen said that lawsuit will be pressed as well. Despite the two-thirds majority vote, the concerns about the possibility of circumventing a super-majority in the future is still a concern, Hansen said.

"We're going to see what the federal court does and then consider our options," Hansen said.

Dawson as of this morning had not set a hearing or made an order in connection with the complaint.

Another lawsuit filed in U.S. District Court last week also will go forward, the head of a local environmental group who filed it said this morning.

Robert Hall, president of the Nevada Environmental Coalition, said the decision that a budget can be passed without a two-thirds majority is an unconstitutional raid on Legislative power.

"We want to make sure that there is no chance of the two-thirds requirement being ignored in the future," Hall said. "I plan to go forward."

The suit was assigned to U.S. District Judge Roger Hunt and asks that the state court's opinion be reversed and that the justices be enjoined from any further enforcement of the opinion.

No hearing had been set in the case as of this morning.

If Dawson were to dismiss the case filed Friday, the IAP and the other plaintiffs may file briefs with the U.S. Supreme Court.

Although he would have liked to have seen no new taxes passed, Hansen said that the motion for a restraining order may have played a part in the passage of a budget Monday night.

"The Legislature knew that the threat of our temporary restraining order was out there, and I think that at least got them to respect the Constitution and pass the bill with a two-thirds majority," Hansen said.

Meanwhile, hours before the Legislature passed a final package Monday, the Nevada Supreme Court denied a request for an emergency order to halt the Legislature from enacting any new taxes without a two-thirds majority vote.

The court acted on a request by Daniel F. Polsenberg, the Las Vegas attorney for 24 Republican legislators who asked the court Monday to reconsider its decision.

Polsenberg had asked the court for the emergency order. Chief Justice Deborah Agosti denied the motion and ordered Gov. Kenny Guinn and the Legislature to answer the rehearing request by Friday.