ELR Citation: ELR 20391
No(s). 6230 (Nev. Apr 28, 1971)

Nevada law holds that state agency determinations resulting from proceedings that are conducted according to regulations of which interested parties are unaware are subject to invalidation on those grounds. If persons seeking to invalidate the decision knew of the operative regulation, however, relief will be denied. In this case, the proceedings of the Nevada Department of Highways were governed by Policy and Procedure Memorandum 20-8 of the federal Department of Transportation, a regulation of whose existence petitioners were aware, and thus they cannot invoke this provision in support of their motion for a preliminary injunction. Neither can they claim arbitrariness in the route selection decision, because the record does not support such a contention.

Counsel for Plaintiff-Appellants
Lionel, Sawyer & Wartman
800 First National Bank Building
302 East Carson Avenue
Las Vegas, NV 89101
(702) 385-2188

Counsel for Defendant-Appellees
Robert List Attorney General
Melvin L. Beauchamp Deputy Attorney General
Supreme Court Building
Carson City, NV 89701
(702) 882-7401

BATJER, MOWBRAY, and THOMPSON, JJ., concur.