Nev. Rev. Stat. » NRS: CHAPTER 241 - MEETINGS OF STATE AND LOCAL AGENCIES

Nev. Rev. Stat. § 241.037

Action by Attorney General or person denied right conferred by chapter; limitation on actions

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NRS 241.037  Action by Attorney General or person denied right conferred by chapter; limitation on actions.

      1.  The Attorney General may sue in any court of competent jurisdiction to have an action taken by a public body declared void or for an injunction against any public body or person to require compliance with or prevent violations of the provisions of this chapter. The injunction:

      (a) May be issued without proof of actual damage or other irreparable harm sustained by any person.

      (b) Does not relieve any person from criminal prosecution for the same violation.

      2.  Any person denied a right conferred by this chapter may sue in the district court of the district in which the public body ordinarily holds its meetings or in which the plaintiff resides. A suit may seek to have an action taken by the public body declared void, to require compliance with or prevent violations of this chapter or to determine the applicability of this chapter to discussions or decisions of the public body. The court may order payment of reasonable attorney’s fees and court costs to a successful plaintiff in a suit brought under this subsection.

      3.  Except as otherwise provided in NRS 241.0365:

      (a) Any suit brought against a public body pursuant to subsection 1 or 2 to require compliance with the provisions of this chapter must be commenced within 120 days after the action objected to was taken by that public body in violation of this chapter.

      (b) Any such suit brought to have an action declared void must be commenced within 60 days after the action objected to was taken.

      (Added to NRS by 1983, 1012; A 1985, 147; 2013, 734)

     

Notes of Decisions
Cited in 13 cases, 1986–2018 · leading case: Stockmeier v. Nevada Department of Corrections Psychological Review Panel
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Stockmeier v. Nevada Department of Corrections Psychological Review Panel (2006) nev · cites it 11× “1 Stockmeier also asserts that a conflict of interest exists because the Attorney General is defending the Psych Panel in this case but is also required to assist Stockmeier in his lawsuit under NRS 241.”
McKay v. Board of Sup'rs of Carson City (1986) nev · cites it 3× “The Attorney General is authorized by NRS 241.037 2 to maintain suit in court to have any action taken by a public body which is in violation of the Open Meeting Law declared void and to seek an injunction against the public body to require compliance with the statute.”
Attorney General v. Nevada Tax Comm'n (2008) nev · cites it 2× “Thereafter, believing that the Tax Commission violated the Open Meeting Law by deliberating and voting on Edison’s appeal in closed sessions, appellant, the Attorney General filed a complaint in district court under NRS 241.037 to void the Tax Commission’s refunds to Edison.”
University & Community College System of Nevada v. DR Partners (2001) nev · cites it 2× “Finally, the Newspaper has requested that we award it fees and costs under NRS 241.037(2) if we affirm the district court's decision.”
City Council of Reno v. Reno Newspapers, Inc. (1989) nev “Since Reno Newspapers is the prevailing party, and the Open Meeting Law (NRS 241.037) expressly permits attorney fees and costs to a successful plaintiff, *980 the attorney's fees and costs assessed against the Council are affirmed.”
Comm'n on Ethics of Nev. v. Hansen (2018) nev · cites it 4× “The Commission further argues that assemblymen are not authorized to file an open meeting law case pursuant to NRS 241.037. Because the motion to dismiss concerns the validity of the notice of appeal filed without an open meeting, we do not address the assemblymen's authority to…”
Frudden v. Pilling (2012) nvd · cites it 2× “§ 241.037(2). Plaintiffs have not sufficiently pled an open meeting law violation.”
THE COMM'N. ON ETHICS OF THE STATE OF NEVADA VS. HANSEN (2018) nev · cites it 8× “The Commission further argues that assemblymen are not authorized to file an open meeting law case pursuant to NRS 241.037. Because the motion to dismiss concerns the validity of the notice of appeal filed without an open meeting, we do not address the assemblymen's authority to…”
THE COMM'N. ON ETHICS OF THE STATE OF NEVADA VS. HANSEN (2017) nev · cites it 8× “The Commission further argues that assemblymen are not authorized to file an open meeting law case pursuant to NRS 241.037. Because the motion to dismiss concerns the validity of the notice of appeal filed without an open meeting, we do not address the assemblymen's authority to…”
THE COMM'N. ON ETHICS OF THE STATE OF NEVADA VS. HANSEN (2018) nev · cites it 8× “The Commission further argues that assemblymen are not authorized to file an open meeting law case pursuant to NRS 241.037. Because the motion to dismiss concerns the validity of the notice of appeal filed without an open meeting, we do not address the assemblymen's authority to…”
Stockmeier v. Nevada Department of Corrections Psychological Review Panel (2008) nev · cites it 10× “In this appeal, we conclude that the statute governing Open Meeting Law claims, NRS 241.037, allows for Open Meeting Law violations to be remedied exclusively through declaratory and injunctive relief.”
THE COMM'N. ON ETHICS OF THE STATE OF NEVADA VS. HANSEN (2017) nev · cites it 4× “The Commission further argues that assemblymen are not authorized to file an open meeting law case pursuant to NRS 241.037. Because the motion to dismiss concerns the validity of the notice of appeal filed without an open meeting, we do not address the assemblymen's authority to…”
Show all 13 citing cases →
— Nev. Rev. Stat. § 241.037(1) — 1 case
Board of County Commissioners of Nye County v. Del Papa (1992) nev
— Nev. Rev. Stat. § 241.037(2) — 9 cases
Stockmeier v. Nevada Department of Corrections Psychological Review Panel (2006) nev “1 Stockmeier also asserts that a conflict of interest exists because the Attorney General is defending the Psych Panel in this case but is also required to assist Stockmeier in his lawsuit under NRS 241.”
University & Community College System of Nevada v. DR Partners (2001) nev “Finally, the Newspaper has requested that we award it fees and costs under NRS 241.037(2) if we affirm the district court's decision.”
Frudden v. Pilling (2012) nvd “§ 241.037(2). Plaintiffs have not sufficiently pled an open meeting law violation.”
Comm'n on Ethics of Nev. v. Hansen (2018) nev “The Commission further argues that assemblymen are not authorized to file an open meeting law case pursuant to NRS 241.037. Because the motion to dismiss concerns the validity of the notice of appeal filed without an open meeting, we do not address the assemblymen's authority to…”
Stockmeier v. Nevada Department of Corrections Psychological Review Panel (2008) nev “In this appeal, we conclude that the statute governing Open Meeting Law claims, NRS 241.037, allows for Open Meeting Law violations to be remedied exclusively through declaratory and injunctive relief.”
— Nev. Rev. Stat. § 241.037(3) — 1 case
Frudden v. Pilling (2012) nvd “§ 241.037(2). Plaintiffs have not sufficiently pled an open meeting law violation.”
— Nev. Rev. Stat. § 241.037(3)(b) — 5 cases
Comm'n on Ethics of Nev. v. Hansen (2018) nev “The Commission further argues that assemblymen are not authorized to file an open meeting law case pursuant to NRS 241.037. Because the motion to dismiss concerns the validity of the notice of appeal filed without an open meeting, we do not address the assemblymen's authority to…”
THE COMM'N. ON ETHICS OF THE STATE OF NEVADA VS. HANSEN (2018) nev “The Commission further argues that assemblymen are not authorized to file an open meeting law case pursuant to NRS 241.037. Because the motion to dismiss concerns the validity of the notice of appeal filed without an open meeting, we do not address the assemblymen's authority to…”
THE COMM'N. ON ETHICS OF THE STATE OF NEVADA VS. HANSEN (2017) nev “The Commission further argues that assemblymen are not authorized to file an open meeting law case pursuant to NRS 241.037. Because the motion to dismiss concerns the validity of the notice of appeal filed without an open meeting, we do not address the assemblymen's authority to…”
THE COMM'N. ON ETHICS OF THE STATE OF NEVADA VS. HANSEN (2018) nev “The Commission further argues that assemblymen are not authorized to file an open meeting law case pursuant to NRS 241.037. Because the motion to dismiss concerns the validity of the notice of appeal filed without an open meeting, we do not address the assemblymen's authority to…”
THE COMM'N. ON ETHICS OF THE STATE OF NEVADA VS. HANSEN (2017) nev “The Commission further argues that assemblymen are not authorized to file an open meeting law case pursuant to NRS 241.037. Because the motion to dismiss concerns the validity of the notice of appeal filed without an open meeting, we do not address the assemblymen's authority to…”
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