Before the Court en banc. Opinion by Justice Hardesty.
In this appeal, the Court addressed the constitutionality of certain Clark County Code of Ordinance (“CCCO”) provisions that govern coroner’s inquests into officer-involved deaths. Appellants, five Nevada Highway Patrol Officers, filed complaints in connection with an incident that resulted in a man’s death and the ensuing coroner’s inquest proceeding. Appellants asserted that the inquest procedures and provisions put in place by the Clark County Board of Commissioners (1) violated their due process rights under the Nevada Constitution, and (2) the Board of County Commissioners unconstitutionally impinged on the Legislature’s authority to exclusively establish the jurisdiction of justices of the peace when it required justices of the peace to preside over the inquest process related to officer-involved deaths. In ruling on the appellants’ application for preliminary injunction, the district court rejected most of appellants’ claims and upheld all but one of the Clark County code sections related to inquest proceedings in connection with officer-involved deaths. On appeal, the Court examined the relevant CCCO provisions and due process considerations in determining whether the Clark County coroner’s inquest procedures for officer-involved death, as amended by the Board of Commissioners, is valid. The Court found that an inquest’s function is “purely investigative and fact-finding because no adjudication or determination of liability occurs,” thus, due process protections are not triggered by the process. On this point, the Court affirmed the district court’s ruling that rejected appellants’ due process arguments. Next, the Court considered whether the participation of justices of peace in the inquest proceedings violates the Nevada Constitution. In reaching its conclusion that participation by justices of the peace violates the Nevada Constitution, the Court noted that NRS 244.163(1) allows counties to appoint a coroner. Where a county, such as Clark County, has appointed a coroner, certain provisions of NRS Chapter 259 (Coroners) do not apply. Specifically, NRS 259.050 permits the use of justices of the peace where the sheriff serves as the de facto coroner. Because Clark County appointed a coroner, justices of the peace are not authorized to participate in Clark County inquest proceedings, thus, the Court determined that the Board of Commissioners impinged on the Legislature’s constitutionally delegated authority. Finally, the Court determined that striking only the offending provision would render the entire inquest scheme for officer-involved deaths ineffective because the proceedings could not go forward without a presiding officer. As a result, the Court struck the entire inquest scheme related to officer-involved deaths. Reversed. (Kristen T. Gallagher, Associate in the Las Vegas office of McDonald Carano Wilson).
Thursday, October 25, 2012
In re Fontainebleau Las Vegas Holdings, 128 Nev. Adv. Op. 53 (Oct. 25, 2012)
Before the Court en banc (Justice Pickering recused). Opinion by Chief Justice Cherry.
In this action, the Court answered two of three questions certified by the United States Bankruptcy Court for the Southern District of Florida related to equitable subrogation and prospective contractual subrogation against mechanic’s lien claimants. The Court first determined that equitable subrogation does not apply against mechanic’s lien claimants because NRS 108.225 conclusively provides that mechanic’s liens will attain priority over any lien, mortgage, or encumbrance that attaches after commencement of construction. The Court determined that this conclusion comports with the Nevada Legislature’s express intent to provide a payment scheme for those who provide work and improvements to land. The Court next determined that mechanic’s lien claimants cannot execute prospective subordination agreements. To reach this answer, the Court examined NRS 108.2453 and NRS 108.2457 and determined that these relevant statutory provisions are ambiguous. Accordingly, the Court looked to legislative history and determined that the Nevada Legislature intended to prevent prospective lien waivers. However, the Court further held that neither NRS 108.2453 nor NRS 108.2457 prohibit non-prospective waivers whereby a mechanic’s lien claimant waives the right to priority after that right arises. The remaining question concerned an issue of fact that the Court refused to consider because the pending Florida case is in the early stages of discovery. (Seth T. Floyd, Associate in the Las Vegas office of McDonald Carano Wilson.)
In this action, the Court answered two of three questions certified by the United States Bankruptcy Court for the Southern District of Florida related to equitable subrogation and prospective contractual subrogation against mechanic’s lien claimants. The Court first determined that equitable subrogation does not apply against mechanic’s lien claimants because NRS 108.225 conclusively provides that mechanic’s liens will attain priority over any lien, mortgage, or encumbrance that attaches after commencement of construction. The Court determined that this conclusion comports with the Nevada Legislature’s express intent to provide a payment scheme for those who provide work and improvements to land. The Court next determined that mechanic’s lien claimants cannot execute prospective subordination agreements. To reach this answer, the Court examined NRS 108.2453 and NRS 108.2457 and determined that these relevant statutory provisions are ambiguous. Accordingly, the Court looked to legislative history and determined that the Nevada Legislature intended to prevent prospective lien waivers. However, the Court further held that neither NRS 108.2453 nor NRS 108.2457 prohibit non-prospective waivers whereby a mechanic’s lien claimant waives the right to priority after that right arises. The remaining question concerned an issue of fact that the Court refused to consider because the pending Florida case is in the early stages of discovery. (Seth T. Floyd, Associate in the Las Vegas office of McDonald Carano Wilson.)
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