Tuesday, March 3, 2020 - Carson City - Full Court

MINERAL CO. VS. LYON CO. (NRAP 5)
Docket Number: 75917
Carson City - 11:00A.M. - Full Court

These are two certified questions from the Ninth Circuit Court of Appeals pursuant to Nevada Rule of Appellate Procedure (NRAP) 5 regarding Nevada’s public trust doctrine.

ISSUES:

The two certified questions are: (1) Does the public trust doctrine apply to rights already adjudicated and settled under the doctrine of prior appropriation and, if so, to what extent? (2) If the public trust doctrine applies and allows for reallocation of rights settled under the doctrine of prior appropriation, does the abrogation of such adjudicated or vested rights constitute a "taking" under the Nevada Constitution requiring payment of just compensation?

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: http://caseinfo.nvsupremecourt.us/public/caseSearch.do