State Taxicab Authority v. Greenspun, 24092
| Decision Date | 03 November 1993 |
| Docket Number | No. 24092,24092 |
| Citation | 862 P.2d 423,109 Nev. 1022 |
| Parties | STATE of Nevada, TAXICAB AUTHORITY, Appellant, v. Brian GREENSPUN, Respondent. |
| Court | Nevada Supreme Court |
On February 17, 1992, respondent Brian Greenspun requested the State of Nevada Taxicab Authority (the "Authority") to consider the suitability of Milton I. Schwartz to hold a certificate of public convenience and necessity to operate a taxicab business in Las Vegas. The Authority had previously granted Schwartz certificates in 1979 and in 1981. Subsequent to obtaining these certificates, Schwartz' suitability to hold a certificate came into question following the indictment of Schwartz' former business partner on fraud charges. The Authority investigated Schwartz' involvement in the fraud charges in 1984 and determined that no evidence linked Schwartz to the fraudulent activities.
Following the Authority's investigation, the Las Vegas Sun newspaper published a series of articles that probed Schwartz' involvement in the fraud scheme. Schwartz then filed a defamation action against the newspaper. The district court conducted a jury trial in that action during the Fall of 1991. The jury returned a verdict in favor of the newspaper.
During the litigation of the defamation action, the newspaper uncovered information which it believed linked Schwartz to his former partner's fraudulent activities. Consequently, on February 17, 1992, the newspaper's president, respondent Brian Greenspun, filed a complaint with the Authority and requested that it conduct a hearing on Schwartz' suitability to hold a certificate of public convenience and necessity in light of this information.
The Authority held a public hearing on March 31, 1992, to determine whether it should consider Schwartz' suitability to hold a certificate. Because none of the present members of the Authority took part in the investigation of Schwartz' involvement in the fraud charges in 1984, an investigator for the Authority provided an in-depth report of the evidence gathered during that investigation. The Authority also heard statements from Schwartz and his attorney. Finally, the Authority received public comment on the application to consider Schwartz' suitability including a statement from Greenspun. After hearing this background information, the Authority denied Greenspun's application to consider Schwartz' suitability without reviewing the allegedly incriminating documentation Greenspun presented to the Authority.
On April 23, 1992, Greenspun petitioned the district court for judicial review of the Authority's refusal to consider Schwartz' suitability. The Authority moved to dismiss Greenspun's petition on May 28, 1992. The Authority argued that Greenspun lacked standing to contest the Authority's refusal to consider Schwartz' suitability under NRS 233B.130(1).
The district court ruled that the Authority's denial of Greenspun's application without reviewing the allegedly incriminating evidence denied Greenspun due process of law. The district court relied on NAC 706.888(1) which provides that persons filing a complaint with the Authority are entitled to present evidence, examine witnesses and argue at Authority hearings. The district court ruled that this regulation provided Greenspun standing to challenge the Authority's failure to review the evidence he presented at the hearing on March 31, 1992. The district court, therefore, reversed the Authority's denial of Greenspun's application and remanded the matter to the Authority with instructions to consider Greenspun's proffered evidence.
The Authority then filed a notice of appeal from the district court's ruling. On April 15, 1993, this court ordered the Authority to show cause why this appeal should not be dismissed for lack of an appealable order. Specifically, we noted that an interlocutory order of the district court remanding a matter to an administrative agency is not appealable. See Clark County Liquor v. Clark, 102 Nev. 654, 730 P.2d 443 (1986). In response to this court's order, the Authority argues that the...
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