a. "We agree with the trial court that whether the zoning change
is a benefit to the County is within the County's discretion, and that the County
may revoke Bing's special use permit to make the zoning change."
Bing Construction v. Douglas County, 107 Nev. 262,
265, 810 P.2d 768 (1991). No. 39.
b. "Before the granting of a special use permit, NRS 278.315
requires a board of commissioners to hold a hearing. This statute also provides
that the applicant and each owner of property within 300 feet must receive notice
of the hearing by mail. Therefore, the county must personally notify interested
parties before granting a special use permit." Id. at 265.
c. "NRS 278.375 states that a county may reserve for itself
the right to modify or reverse permits, but provides no further procedural requirements.
Hence, the legislature left to each individual county the decision how to proceed
when revoking permits." Id. at 265.
d. "However, we are not convinced that just because the legislature
let individual counties determine their own procedure to alter zoning // in derogation
of a special use permit, counties are free to make changes without personally
notifying the citizens who will be directly affected. Due process concerns require
that a property owner must be notified when its rights are changed, even if those
rights are not vested." Id. at 265-266.
e. "Other states have held that upon a zoning change, the failure
to provide personal notice to an interested party is a violation of due process."
Id. at 266.
f. "[W]e conclude that a county may not choose to revoke special
uses without a valid reason, and therefore must provide personal notice and a
hearing to all parties who will be directly affected by the zoning change or permit
revocation." Id. at 266.