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Supreme Court hears arguments on property tax ballot question

The Nevada Supreme Court will rule by Friday whether a ballot question seeking a property tax increase to help the Clark County School District renovate aging campuses is valid.

The Nevada Policy Research Institute wants the high court to strike the question from the November ballot.

Lawyers for the institute argued that an open meeting law was violated during the process to approve the ballot question.

Hogwash, government lawyers said.

The school district's lawyer Dan Polsenberg went as far as to suggest that the institute's argument was "disingenuous."

The Supreme Court took up the case under a special rule that allows the court to intervene as a mediator.

Lawyers for both sides fielded questions from the justices during a 20-minute hearing Wednesday, reiterating their arguments on whether there was an open meeting law violation.

Joseph Becker, the lawyer for the Nevada Policy Research Institute, argued that state law requires the public be given a chance to comment before a vote is taken.

He said that wasn't done at the June 7 meeting of the Regional Debt Management Commission.

Polsenberg disagreed.

He said three people at the meeting including the chairwoman, Clark County Commissioner Susan Brager, gave sworn affidavits saying public comment was sought.

No one spoke up.

The Regional Debt Management Commission also remedied any potential problem by seeking public comment at an Aug. 23 meeting, Polsenberg said.

The ballot question passed again at the Aug. 23 meeting, he said.

The district wants the tax increase to produce a maximum of $120 million a year for six years to renovate and build schools and buy equipment.

Contact reporter Francis McCabe at
fmccabe@reviewjournal.com or 702-380-1039.

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