Enterprise Citizens Action Committee v. Clark County Board of Commissioners

Shearing, J., with whom Springer, J., joins,

dissenting:

I would affirm the judgment of the district court denying the petition for writ of mandamus and upholding the decision of the Clark County Board of Commissioners.

In 1968, this court stated:

The days are fast disappearing when the judiciary can look at a zoning ordinance and, with nearly as much confidence as a professional zoning expert, decide upon the merits of a zoning plan and its contribution to the health, safety, morals or general welfare of the community. Courts are becoming increasingly aware that they are neither super boards of…