After issuing a temporary postponement earlier this month, the Nevada Supreme Court has now ordered that the district court ruling reversing Nevada State Engineer Order #1293A be stayed until the appeal filed by the engineer’s office has made its way through the system and a final determination is made.
“Appellant state engineer filed an emergency motion to stay the district court’s order pending appeal and we entered a temporary stay pending receipt and consideration of any opposition, which respondents (Pahrump Fair Water) have now filed. Having considered appellant’s motion and supporting documents, respondents’ opposition and appellants’ reply under the NRAP8 (Nevada Rules of Appellate Procedure) factors, we conclude that the balance of harms weighs in favor of a stay,” the filing, signed off by Supreme Court Justices Jim Hardesty, Lidia Stiglich and Abbi Silver, states. “Accordingly, we grant appellant’s motion and stay enforcement of the district court’s Dec. 6 order granting judicial review and reversing state engineer Order #1293A, pending further order of this court.”
The Nevada Supreme Court has issued a temporary stay in the case of Water Order #1293A, allowing the Nevada state engineer, for the moment, to continue requiring water rights relinquishments for all new domestic wells drilled in Pahrump.
The temporary stay comes as part of the appeal process, with the state engineer going to the Nevada Supreme Court after a district court judge ruled against the office in the lawsuit brought forward by Pahrump Fair Water.
However, it is only a temporary stay and it is possible that the Nevada Supreme Court could reverse that stay after considering the opposition provided by Pahrump Fair Water.
The hearing today was attended by many of the disenfranchised Nye County voters whose presence showed support for my lawsuit against the unlawful actions of the outgoing Nye County Board of County Commissioners in the process to replace Dennis Hof. However, it becomes a very expensive process to fight city hall (the county) and the court did not grant our petition for injunctive relief,” Goedhart said. “With an unlimited taxpayer-funded checkbook, Nye County clearly has the upper hand moving forward.”
Regardless of this, Goedhart said he plans to continue pressing his case. “In speaking with my legal team… the consensus was that… there are excellent grounds to continue the lawsuit. I have received hundreds of phone calls, texts, and emails from Nye County voters encouraging me to press on. After careful consideration, I have instructed my legal team to press forward in our pursuit of justice,” he stated.
Former Nevada Assemblyman and Nye County resident Ed Goedhart is not letting the confirmation of the appointment for Nevada Assembly District 36 take the wind out of his sails and he is continuing to pursue legal recourse with the courts.
On Nov. 27 Goedhart filed for an injuction with the Fifth Judicial District Court, seeking to bar the current Nye County Commission from making the appointment for the assembly seat, the vacancy for which was created by the passing of Dennis Hof. Following this, he filed a request for an emergency hearing but that request was denied by Judge Robert Lane.
While there may have been more than a dozen candidates to put their name forward for appointment to Dennis Hof’s Nevada Assembly District 36 seat, it was clear from the start of the Nye County Commission’s Dec. 5 meeting that in the public’s eye, there were only two real contenders.
Republican Pahrump residents Greg Hafen II and Joe Burdzinski easily commanded the majority of attention on Wednesday as the commissioners were poised to make their nomination.
During the highly intense meeting, members of the public were pitted against each other in a verbal battle as they voiced their support for one or the other, often with harsh criticisms and obviously elevated, passionate emotion.
The Nye County Commission is poised to make its selection to fill the late Dennis Hof’s Nevada Assembly District 36 seat next week but former Assemblyman and Nye County resident Ed Goedhart is striving to stop the board in its tracks. Goedhart sought an injunction with the Fifth Judicial District Court on Nov. 27 to request the selection be delayed until the newly elected commissioners are seated in 2019.