Nevada Contractors v. Washoe County

OPINION

The primary issue in this appeal is whether the issuance or denial of a special use permit is a ministerial or discretionary function. We conclude it is a discretionary function. In the action below, substantial evidence supports the Washoe County Board of County Commissioners’ decision to deny a special use permit; however, the district court reversed the denial. We therefore reverse the judgment of the district court and affirm the denial of the special use permit.

FACTS

Appellant Nevada Contractors is a division of appellant Eagle Valley Construction. Respondent Washoe County is a…