Nevada § 278.0233 - Actions against agency: Conditions and limitations

§ 278.0233. Actions against agency: Conditions and limitations

1. Any person who has any right, title or interest in real property, and who has filed

with the appropriate state or local agency an application for a permit which is required

by statute or an ordinance, resolution or regulation adopted pursuant to NRS 278.010 to 278.630 , inclusive, before that person may improve, convey or otherwise put that property

to use, may bring an action against the agency to recover actual damages caused by: (a) Any final action, decision or order of the agency which imposes requirements,

limitations or conditions upon the use of the property in excess of those authorized

by ordinances, resolutions or regulations adopted pursuant to NRS 278.010 to 278.630 , inclusive, in effect on the date the application was filed, and which: (1) Is arbitrary or capricious; or (2) Is unlawful or exceeds lawful authority. (b) Any final action, decision or order of the agency imposing a tax, fee or other

monetary charge that is not expressly authorized by statute or that is in excess of

the amount expressly authorized by statute. (c) The failure of the agency to act on that application within the time for that

action as limited by statute, ordinance or regulation. 2. An action must not be brought under subsection 1: (a) Where the agency did not know, or reasonably could not have known, that its action,

decision or order was unlawful or in excess of its authority. (b) Based on the invalidation of an ordinance, resolution or regulation in effect

on the date the application for the permit was filed. (c) Where a lawful action, decision or order of the agency is taken or made to prevent

a condition which would constitute a threat to the health, safety, morals or general

welfare of the community. (d) Where the applicant agrees in writing to extensions of time concerning his or

her application. (e) Where the applicant agrees in writing or orally on the record during a hearing

to the requirements, limitations or conditions imposed by the action, decision or

order, unless the applicant expressly states in writing or orally on the record during

the hearing that a requirement, limitation or condition is agreed to under protest

and specifies which paragraph of subsection 1 provides cause for the protest. (f) For unintentional procedural or ministerial errors of the agency. (g) Unless all administrative remedies have been exhausted. (h) Against any individual member of the agency.