16. Final action.
a. When failure to take "final action" results "in an automatic affirmance of the decision of the local permit issuing authority," the court will construe "such automatic affirmance to be the equivalent of "final action" within the meaning of NRS 278.027.
League to Save Lake Tahoe v. Tahoe R.P.A., 93 Nev. 270, 275, 563 P.2d 582 (1977). No. 21.
b. "A cause of action for damages accrues under NRS 278.0233 upon the final action of a state or local agency which places limitations on property in excess of that authorized by law."
Travelers Hotel v. City of Reno, 103 Nev. 343, 346, 741 P.2d 1353 (1987). No. 34.
c. Statute of Limitations. "We conclude
that 'filing of notice of the final action' under NRS 278.0235 is accomplished
when someone or some entity provides separate, written notice of the final action
to the secretary or clerk of the governing body, commission or board.
Further, although the statute does not expressly require that notice be given to the applicant, to give effect to the statute of limitations the applicant must be informed that notice of the final action was filed with the clerk or secretary. Thus, any notice filed with the clerk or secretary should also be forwarded to the applicant and should include the date on which the notice was filed with the clerk or secretary. Because the record discloses no filing of written notice of the final action with the Board's secretary in this matter, it appears that the limitations period never began to run. Accordingly, the district court did not err in concluding that respondents' action and proceeding were timely filed under NRS 278.0235.
County of Clark v. Doumani, 114 Nev. 46, 52, 952 P.2d 13 (1998).