Daybreak Appeals Approvals 1/27/2021

In a move addressing a quirk in the Nevada Revised Statutes (NRS), the developers (Newport Pacific Land Co. [NPLC] and Sunny Ranchos) of the Daybreak properties have appealed two Reno Planning Commission decisions that went in their favor. These two items were on the agenda for the Reno City Council; items I.1 and I.2. This seemingly-illogical tactic was taken so that the developers could petition for judicial review in case the City Council reversed the decision of the Planning Commission to approve. The NRS 278.3195.4 states that a plaintiff can only petition for judicial review if the plaintiff appeals both the Planning Commission decision and the City Council decision. There is no allowance for the case where the Planning Commission decision favors the plaintiff, but that favorable decision is then overturned by the City Council. This illogical construction in the NRS has been confirmed in a recent court decision (Prado Ranch North, 2019). The City Council can affirm, modify or reverse the decision of the Planning Commission to approve the development (see staff reports below). Presumably, the developers (appellants) would want the city to affirm the decision of the Planning Commission to approve.

The first appeal was from the Sunny Ranchos developer. Their tentative map approved by the Planning Commission was for building 124 homes on 47 acres. The Sunny Ranchos developer requested to withdraw their appeal.

The second appeal was from the Newport Pacific Land Co. regarding their tentative map for 205 homes on 97 acres. The NPLC representative requested to continue (postpone) consideration of their appeal until the City Council meeting on 2/24/21. The City Council approved the request to continue the consideration until the meeting on 2/24/21.

Wolgast and a neighbor contacted their representative, State Assemblywoman Lisa Krasner, in June 2020 to enlist her support to change the problematic NRS statute in June of 2020. This would be in the form of a Bill Draft Request (BDR) requesting a minimal change in the NRS wording. Initially receptive, representative Krasner then emphatically declined to promote the change. Wolgast went on to contact Assemblywoman Sarah Peters who said that she was giving pandemic-related issues priority and would not advance this BDR. So, if you want to have standing to petition for judicial review following an unreasonable decision by the City Council or the County Commission, you must appeal a decision by the Planning Commission even if it is in your favor.

REFERENCES:

NRS Fails Homeowners 2/21/19

Reno Staff Report LDC-21-00009

Reno Staff Report LDC-21-00010

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