Judicial Review of Administrative Decisions

The Writ – Appellate Briefs, Jan 2018, Vol. 40

The Nevada Supreme Court recently addressed the circumstances in which judicial review of an administrative decision is available.  In State of Nevada Dep’t of Health and Human Servs. v. Samantha, Inc., 133 Nev. Adv. Op. 100 (Dec. 14, 2017), the Court held that denial of an application for a certificate to operate a medical marijuana dispensary is not subject to judicial review under the Nevada Administrative Procedures Act, NRS 233B.010, et seq.  The Court reiterated, however, that even where the APA does not create a right of review, alternative relief may be available by way of declaratory judgment, mandamus or other means.

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