Monday, Oct. 31, 2011 | 6:25 p.m.
CARSON CITY - A federal court has involved the Nevada Supreme Court in the dispute over a planned development near the Red Rock National Conservation Area.
The U.S. Ninth Circuit Court of Appeals has asked the Nevada court to determine if a 2003 law that would limit the development is constitutional. Once the questions is answered, the federal court said it will resume consideration of the case.
Developer Jim Rhodes bought 2,400 acres on the site of an abandoned gypsum mine, adjacent to Red Rock. It was zoned for no more than one house on every two acres.
The 2003 Legislature however passed legislation to restrict development in the Spring Mountains National Recreation Area, where the Red Rock Canyon National Conservation Area is located. The legislation says a local government is restricted in permitting development and sets certain conditions. It was introduced by Democratic Sens. Dina Titus, Valerie Wiener, Terry Care, Bob Coffin and Mike Schneider. The bill, SB-358, passed without a dissenting vote. Titus, Coffin and Schneider are no longer in the Legislature.
The federal court wants an opinion from the state Supreme Court whether this law violates the Constitution prohibiting local and special laws and requiring all laws to be general.
A district court has ruled that the law was unconstitutional and the case is before the federal appeals court.
The federal court, in its order Monday, said "Because this case now involves the constitutionality of a Nevada state Statute under the Nevada Constitution, we respectfully request that the Nevada Supreme Court accept and decide whether SB358 violates the Nevada Constitution."
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