a. "The plenary authority of a legislature operates to restrict
and limit the exercise of all municipal powers, whether public or governmental,
proprietary or private."
Lamb v. Mirin, 90 Nev. 329, 333, 526 P.2d 80 (1974).
b. "We are constrained to note that even if Henderson had expressly
annulled all master plans approved prior to the effective date of the new code,
we would have substantial doubts concerning the validity of such an attempted
circumvention of the policy dictates of NRS 278.250(2) as elucidated by this court
in Nova Horizon. As we there observed, Nevada's statutory scheme mandates
that municipalities adopt zoning regulations that are in substantial agreement
with approved master plans. Nova Horizon, 105 Nev.
at 96, 769 P.2d at 723. Assuming, therefore, that submission of a new master plan
was intended as part of the zoning process under the new code, as the district
court concluded, Henderson would still have been required to extend deference
to the 1989 master plan in the process of approving the new plan. The guarantees
afforded Nevada's developers by the Legislature may not be circumvented by municipal
American West Dev. v. City of Henderson, 111
Nev. 804, 809, n. 3., 898 P.2d 110 (1995). No. 46.
c. "There is no state law indicating that the ruling of the
State Engineer preempts a county or other governmental entity from enacting zoning
laws that impose limitations on water use that are more restrictive than those
of the State Engineer. .... County and local governments can place more burdensome
restrictions on local growth and development as long as those restrictions are
consistent with the relevant long-term comprehensive plans, Nevada law, and notions
of public welfare."
Serpa v. County of Washoe,
111 Nev. 1081, 1085, 901 P.2d 690 (1995). No. 47.