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
Baldonado v. Wynn Las Vegas, LLC, 194 P.3d 96 (Nev. 2008).
· 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. Cnty. of Douglas, 3 P.3d 661 (Nev. 2000).
· 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.”
Doe v. Bryan, 728 P.2d 443 (Nev. 1986).
· 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, 855 P.2d 536 (Nev. 1993).
· 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., 858 P.2d 1258 (Nev. 1993).
· 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 Educ., 2021 NV 63 (Nev. 2021).
· 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 Co., 371 P.2d 647 (Nev. 1962).
· 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, 522 P.2d 1014 (Nev. 1974).
· 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 Bd., 649 P.2d 1363 (Nev. 1982).
“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.”
Harris v. City of Reno, 401 P.2d 678 (Nev. 1965).
“: 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.”
— Nev. Rev. Stat. § 30.040(1) — 13 cases
Morency Vs. State, Dep't of Educ., 2021 NV 63 (Nev. 2021).
“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).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.