The Nevada Supreme Court on Thursday reinstated the court battle over Douglas County's voter-approved growth cap.
The Sustainable Growth Initiative was approved by 53 percent of the county's voters in 2002 and mandates the county allow no more than 280 new dwellings to be built each year. John Garvin, who headed the Sustainable Growth Initiative Committee, said it was necessary to prevent runaway development from destroying the lifestyle of existing residents.
Developers, however, said it would put them out of business and violate their rights by preventing development of their property.
District Judge Michael Gibbons granted developers and the county summary judgment in their challenge, saying the initiative violated the county's master plan and was an administrative matter not appropriate for a ballot question.
In a split decision, the high court reversed that decision, sending the issue back to district court for trial.
"After comparing the SGI to the master plan as a whole, we cannot say that as a matter of law the SGI is noncompliant to an extent that would require us to usurp the will of the people," the opinion by Chief Justice Bob Rose states.
The decision sends the case back to district court for trial to determine whether the initiatve is in conflict with the master plan.