Nev. Rev. Stat. » NRS: CHAPTER 30 - DECLARATORY JUDGMENTS

Nev. Rev. Stat. § 30.040

Questions of construction or validity of instruments, contracts and statutes

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NRS 30.040  Questions of construction or validity of instruments, contracts and statutes.

      1.  Any person interested under a deed, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.

      2.  Any interested person or legal representative of an interested person of, or a maker or legal representative of a maker of, a will, trust or other writings constituting a testamentary instrument may have determined any question of construction or validity arising under the instrument and obtain a declaration of rights, status or other legal relations thereunder. Any action for declaratory relief under this subsection may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.

      3.  A principal or a person granted authority to act for a principal under power of attorney, whether denominated an agent, attorney-in-fact or otherwise, may have determined any question of construction or validity arising under the instrument and obtain a declaration of rights, status or other legal relations thereunder. Any action for declaratory relief under this subsection may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.

      [2:22:1929; NCL § 9441]—(NRS A 2009, 1636; 2021, 960; 2023, 1320)

     

Notes of Decisions
Cited in 38 cases (6 in the last 5 years), 1962–2023 · leading case: Baldonado v. Wynn Las Vegas, LLC
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Baldonado v. Wynn Las Vegas, LLC (2008) nev · cites it 2× “160 and the other statutes, they had stand *965 ing to seek declaratory relief under NRS 30.040 to obtain the district court’s interpretation of that statute.”
Falcke v. County of Douglas (2000) nev · cites it 3× “DISCUSSION As a threshold issue, we must first consider whether a petition for a writ of mandamus is the proper method to challenge the Board’s decision.”
County of Clark Ex Rel. University Medical Center v. Upchurch (1998) nev · cites it 2× “NRS 30.040 provides in relevant part: Any person .”
Doe v. Bryan (1986) nev · cites it 2× “*524 OPINION Per Curiam: This is an action brought under Nevada’s Declaratory Judgment Act, NRS 30.040, 1 seeking to have NRS 201.190 declared unconstitutional under the Nevada and United States Constitutions.”
Crowley v. Duffrin (1993) nev · cites it 4× “Crowley claims that NRS 30.040 [5] entitles him to have the validity of the contract declared without regard to whether the district court is a party to the action.”
Breliant v. Preferred Equities Corp. (1993) nev · cites it 2× “Breliant asserts the amended complaint states a cognizable claim for declaratory relief under NRS 30.040. 3 We agree. Actions for declaratory relief are governed by the same liberal pleading standards that are applied in other civil actions.”
MORENCY VS. STATE, DEP'T OF EDUCATION (2021) nev · cites it 4× “2d 443, 443-44 (1986) (affirming the dismissal of an action brought under NRS 30.040 because the appellants failed to show that their personal injury was actual rather than speculative).”
Cox v. Glenbrook Company (1962) nev · cites it 2× “" A distinction must be drawn between the construction of a writing as contemplated by NRS 30.040 of the Uniform Declaratory Judgments Act, and the determination of an issue of fact provided for by NRS 30.”
Wells v. Bank of Nevada (1974) nev · cites it 2× “The question of standing to challenge the agreement was not tendered to the district court and consequently it proceeded to determine all attacks directed to the validity of the document and the consequences to be expected if the agreement is consummated.”
Summa Corp. v. State Gaming Control Board (1982) nev “In June 1979 Summa filed a complaint for declaratory relief *391 pursuant to NRS 30.040 and 463.343, seeking a declaration as to the meaning of NRS 463.”
Nuleaf CLV Dispensary, LLC v. Nev. Dep't of Health & Human Servs. (2018) nev “Specifically, declaratory relief is available under NRS 30.040, which provides, in relevant part, that any person "whose rights, status or other legal relations are affected by a statute, .”
Harris v. City of Reno (1965) nev “: Harris, Traverso and Riley, property owners and resident citizens of Reno, Nevada, who were defeated below in a declaratory relief proceeding (NRS 30.040), brought to question the validity of Reno City Ordinance No.”
Show all 38 citing cases →
— Nev. Rev. Stat. § 30.040(1) — 13 cases
MORENCY VS. STATE, DEP'T OF EDUCATION (2021) nev “2d 443, 443-44 (1986) (affirming the dismissal of an action brought under NRS 30.040 because the appellants failed to show that their personal injury was actual rather than speculative).”
Gantchev v. California Auto Finance, LP (2019) nvd
Bock, LLC v. Steelman (2021) nvd
White v. 5 Arch Income Fund 2, LLC (2023) nvd
Katz v. Incline Village Gen. Improvement Dist. (2018) nev
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