Demartini v. City Of Reno

IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL DEMARTINI, No. 82331
Appellant, 26

vs. he n

CITY OF RENO; AND HEINZ RANCH i Fi LL ED
LAND COMPANY, LLC, a
Respondents.

 

 

ORDER AFFIRMING IN PART AND VACATING IN PART

This is an appeal from a district court order denying a petition
for judicial review of a municipal land use decision. Second Judicial District
Court, Washoe County; Scott N. Freeman, Judge.

The district court found that appellant lacked standing and
denied the petition in part on that basis. “Standing is a question of law
reviewed de novo.” Arguello v. Sunset Station, Inc., 127 Nev. 365, 368, 252
P.3d 206, 208 (2011). In the context of an appeal of a planning commission’s
decision, a person who (i) has appealed such a decision to the governing
body, and (ii) is “aggrieved” by the governing body’s decision has standing
to seek judicial review. NRS 278.3195(4); see NRS 278.3195(1)(a) (stating
that “each governing body shall adopt an ordinance that any person who is
aggrieved” by a decision of the planning commission may appeal the
decision to the governing body); Kay v. Nunez, 122 Nev. 1100, 1106, 146
P.3d 801, 806 (2006). Appellant Michael DeMartini asserts that he has
standing to seek judicial review of a decision of the Reno City Council—to
affirm the planning commission’s conditional grant of Heinz Ranch’s

request for a tentative map in connection with Phase 1A of its StoneGate

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planned unit development—because he is aggrieved by it within the
meaning of NRS 278.3195(4).

NRS 278.3195 only defines the term “aggrieved” for counties
with populations over 700,000. NRS 278.3195(1). But, as appellant
concedes, the population of Washoe County, where the Reno City Council
sits, is below that threshold. Instead of NRS 278.3195(1), the Reno
Municipal Code (““RMC”) applies and provides that an “aggrieved person is
one whose personal right or right of property is adversely and substantially
affected by the action of a discretionary body.” RMC 18.24.203.2380 (2019)
(now codified at RMC 18.09 art. 4 (eff. Jan. 138, 2021)); see also City of N.
Las Vegas v. Eighth Judicial Dist. Court, 122 Nev. 1197, 1206, 147 P.3d
1109, 1115 (2006) (noting that the amendment to NRS 278.3195 “was not
intended to preclude ordinances from ... addressing who may appeal from
a planning commission decision”).

Here, appellant has not shown that his personal right or right
of property is adversely and substantially affected by the City Council’s
decision, and so he does not have standing. He argues that the City
Council’s affirmance of the conditional approval of the tentative map will
impact his property and water rights. But he does not explain where exactly
his property is in relation to the affected area, nor does he express how he
will be impacted or his rights impaired by the decision. And while appellant
previously stated that Heinz Ranch is planning to exclude him from its
sewer line and take 1,000 acre feet of his water rights, he does not cogently
relate these concerns about future issues to the specific decision by the City

Council that he challenges. See Edwards v. Emperor’s Garden Rest., 122

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