Clean Water Coalition v. The M Resort

255 P.3d 247 (2011)

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Clean Water Coalition v. The M Resort

Nevada Supreme Court
255 P.3d 247 (2011)

Facts

The Clark County Water Reclamation District and the cities of Henderson, Las Vegas, and North Las Vegas agreed to form the Clean Water Coalition (CWC) (plaintiff) to manage and control wastewater and water quality in Clark County, Nevada. Each CWC member collected sewer connection and usage fees from homes and businesses in its locality and paid the CWC with funds from the fees. In 2010, the Nevada legislature held a special session to address a statewide budget crisis. During the special session, the legislature passed Assembly Bill 6, which required the CWC to transfer $62 million to the state’s general fund for the state’s general, unrestricted use. The CWC sued the State of Nevada (defendant), arguing that the bill violated Article 4, Section 20 of the Nevada Constitution, which prohibited the state legislature from enacting special and local laws to assess and collect taxes for state purposes. The M Resort and other Clark County businesses (the businesses) (plaintiffs) sued both the state and the CWC seeking injunctive and declaratory relief. A state trial court granted summary judgment in favor of the state, and the CWC and the businesses appealed to the Nevada Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Hardesty, J.)

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