Hansen will start appeal process on petition Monday

By Geoff Dornan

Appeal Capitol Bureau

Joel Hansen said Friday he plans to file a proper motion for an emergency stay of the district court decision in the Proposition 13 petition case filed with the Nevada Supreme Court on Monday.

Hansen, who represented We the People Nevada and former Assemblywoman Sharron Angle in the court battle over the initiative petition, attempted to file an emergency order Thursday to stay the decision by Judge Charles McGee ordering the petition off the November ballot. He used a transcript of the judge's oral decision because no written order had been prepared.

But in a terse show cause order, Justice Bill Maupin instead gave them until 5 p.m. Monday to file a proper written order granting the injunction saying that, "no appeal may be taken from a district court's oral ruling."

"Only a written order or judgment has any effect and, thus, only a written order or judgment may be appealed."

Maupin rejected Hansen's assertion.

He wrote that "appellant cites to no authority allowing parties to stipulate to this court's jurisdiction."

The stay is the first step in appealing the decision and asking the Supreme Court to put the question back on the ballot.

McGee approved that procedure late Tuesday because Hansen is facing a time crunch to stay the district court decision while he prepares an appeal.

The reason for the rush is that, in compliance with McGee's decision Tuesday, Secretary of State Ross Miller has ordered Nevada's county clerks to remove the petition question from the ballot. And those clerks are just a few days away from ordering ballots to be printed.

If Hansen later wins the appeal, the question would still not be on the November ballot unless those ballots were reprinted at, potentially, serious costs.

The petition seeks to impose property tax cuts matching those in California's Proposition 13 in Nevada. Angle has tried several times without success to get the question on the Nevada ballot.

Hansen said Penrose and Mike Dyer, who represent the Nevada State Education Association, are cooperating and helping expedite the written order which he hoped to present to McGee late Friday afternoon.

"Every indication is we will get it in Monday," he said.

• Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.