Nevada high court backs voter-approved billboard ban
By The Associated Press
12.21.02
CARSON CITY, Nev. — A Nevada Supreme Court decision upholding a voter ban on new, off-premise billboards in Reno was hailed this week by the group that sought the prohibition.
"Christmas finally came early," said Doug Smith, chairman of Scenic Nevada. "This decision really makes us happy."
The organization, formerly Citizens For a Scenic Reno, pushed the billboard initiative, but faced an appeal by Eller Media Co. to invalidate the November 2000 vote in favor of the ban.
Eller Media lawyers contended decisions on billboards were administrative matters for city officials and couldn't be handled by an initiative petition.
But the state Supreme Court said on Dec. 17 that the billboard initiative was legislative in nature, rather than administrative. The court added the billboard initiative didn't involve a specific project and instead "enacts a citywide change in policy towards off-premise advertising."
"As a result, we concluded that the billboard petition was legislative in character and a proper subject for an initiative petition," a three-justice panel said.
The high court said the broad policy change is different from specific projects such as Reno's railroad trench. Earlier this year, the court barred a vote on the trench on grounds it unconstitutionally usurped local officials' administrative powers.
Justices also said the ruling in the Eller case is in line with the court's Dec. 17 decision favoring a public vote on a growth cap aimed at slowing development in scenic Carson Valley, south of Reno in Douglas County.
In trying to keep the issue off the election ballot, Eller attorneys also argued the petition wasn't properly certified.
"Eller Media's narrow interpretation of the statute is unreasonable," justices said, adding that state law should be "liberally construed to ensure that the real will of the electors is not defeated by informality or failure to substantially comply" with certification standards.