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2000 Open Meeting Law Opinions Nevada Attorney General Reports and Opinions 1 (2000)

handle is hein.sag/sagnv0039 and id is 1 raw text is: STATE OF NEVADA
OFFICE OF THE ATTORNEY GENERAL
100 N. Carson Street
Carson City, Nevada 89701-4717
Telephone (775) 684-1100
Fax (775) 684-1108
WEBSITE: http://www.state.nv.us/ag/
E-Mail: aginfoagovmail.state.nv.us
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Robert Hall
Post Office Box 370956
Las Vegas, Nevada 89137-0956
Re:    Open Meeting Law Complaint against the State Board of Health
OMLO 2000-01/AG File No. 99-03 7
Dear Mr. Hall:
We are in receipt of the complaint you have filed in the District Court of Clark County,
Nevada, against the State Board of Health, et al. In the complaint you bring the same allegations
concerning the Open Meeting Law brought in the complaint you lodged with our office on or
about December 16, 1999.
This office has a long-standing policy of reserving opinions regarding matters in
litigation. See Op. Nev. Att'y Gen. No. 123 (March 27, 1924), and Op. Nev. Att'y Gen. No. 195
(March 27, 1945). Even though this office is charged with investigating and prosecuting
complaints, our opinions regarding Open Meeting Law issues are neither binding nor entitled to
deference in courts of law. See Tahoe Regional Planning Agency v. McKay, 590 F. Supp. 1071,
1074 (D.C. Nev. 1984) affd in Tahoe Regional Planning Agency v. McKay, 769 F. 2d 534, 539
(9th Cir. Nev. 1985). So that we do not interfere with the judicial process, we will reserve giving
an opinion on the matter at this time. Please note, however, that our investigation of the
complaint filed with our office has revealed no grounds to file a criminal or civil action against
the State Board of Health pursuant to NRS 241.040.
Thank you for bringing this matter to our attention.

PR7I7 7NG C17)ZI-NS, SOL lNG PROBLEMS, MAKING GOI I-RNMI-NT WORK

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