Articles Posted in Utilities Law

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In this case requiring the correct interpretation of the garbage lien statute, Nev. Rev. Stat. 444.520, and the procedures required to perfect and foreclose on a garbage lien the Supreme Court held that the reference to the mechanics' lien statute in Nev. Rev. Stat. 444.520(3) incorporates only the mechanics' lien statute's procedural requirements for foreclosure, as set forth in Nev. Rev. Stat. 108.226 and that no limitations period applies to the foreclosure of a garbage lien. The district court concluded that Appellant, a municipal waste company, did not properly record a garbage lien because it failed to record it within ninety days of the completion of the work. Alternatively, the district court held that Appellant could not foreclose on its liens because a two-year limitations period applied. The Supreme Court reversed, holding (1) the court erred in applying both the lien perfection requirements set forth in section 108.226 and the two-year statute of limitations set forth in Neb. Rev. Stat. 11.190(4)(b) to the foreclosure of those liens under section 444.520; and (2) a garbage lien is not subject to the statute of limitations, and therefore, Appellant may foreclose upon such a lien at any time so long as it properly perfects the lien under section 444.520(4). View "Waste Management of Nevada, Inc. v. West Taylor Street, LLC" on Justia Law

Posted in: Utilities Law

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The district court lacks the authority to extend the deadline for filing the opening brief in a petition for judicial review of a public utilities commission. Rural Telephone Company (Appellant) filed an application with Public Utilities Commission of Nevada (PUCN) seeking a change in its telephone service rates and charges. PUCN denied the requested changes. Appellant then filed a timely petition for judicial review in the district court and subsequently requested an extension of time to file its opening memorandum of points and authorities. The district court denied the motion for an extension and dismissed the petition. The Supreme Court affirmed, holding that the district court lacked statutory authority to grant Appellant an extension of time to file its opening memorandum of points and authorities. View "Rural Telephone Co. v. Public Utilities Commission of Nevada" on Justia Law