Judge: Initiative to ban VHRs in Lake Tahoe area of Douglas County won't appear on November ballot

DOUGLAS COUNTY, Nev. - An effort to get an initiative on the November ballot to ban vacation home rentals (VHRs) in the Lake Tahoe area of Douglas County hit another roadblock, this one being a ruling by Judge William Maddox on Monday, June 3.

The judge upheld the Douglas County commissioners' finding that a petition to change the ordinance on vacation home rentals was insufficient. The petition had been circulated by a group of signatures but did not meet the required valid signatures.

A group of citizens had circulated a petition for signatures to get the initiative in front of the voters that would eliminate all VHRs in residential zoning districts at Lake Tahoe, which is the only area of the county where they are currently allowed. Many of the signatures were allegedly modified by the petitioners, with the signer's addresses changed after they'd signed.

According to Clerk-Treasurer Amy Burgans and her office, the group turned in 4,852 signatures on the petitions. Out of those, one person removed their signature, and 574 signatures were disqualified, bringing the total count to 4,277. This was short 112 of the required signatures, therefore rendering the petition insufficient. Burgans issued a Certificate of Insufficiency.

During their February 15 meeting, the Board of Commissioners upheld the insufficiency of the petition, with Commissioners Wes Rice, Sharla Hales, and Mark Gardner voting in favor of Burgans' office ruling. Commissioner Danny Tarkanian voted against it, and Commissioner Walt Nowosad abstained. Both of these two commissioners said during that meeting they signed the petition to ban VHRs.

During Monday's hearing in Minden, Nev., Senior Judge Maddox heard arguments on the petitioners’ committee challenge to the Board of County Commissioners (BOCC) affirming the Certificate of Insufficiency for the Initiative Petition Amending Douglas County Development Code Title 20, Section 20.622 Lake Tahoe Home Rental (VHR) Ordinance. The hearing lasted approximately one hour and resulted in a ruling in favor of the respondents.

The petitioners’ committee argued that the BOCC’s decision to affirm the Certificate of Insufficiency was not supported by substantial evidence and was an abuse of discretion. However, Judge Maddox ruled from the bench that the BOCC’s decision was indeed supported by substantial evidence and was not an abuse of discretion. As a result, the Petition for Judicial Review was denied.

In addition, Judge Maddox specifically stated that Burgans had complied with all election statutes, codes, and procedures. This includes correctly interpreting NRS 295.260(3), which requires the examination and verification of signatures; following Nevada law requiring petition signer addresses to match voter registration records; and allowing address discrepancies to be corrected. The judge also noted that under NV Constitution Article 19 (3), it is necessary for the affidavit of a petition circulator to be properly notarized in accordance with statutory requirements. A declaration is not sufficient.

"I am very proud of the work conducted by my office,” Burgans said. “This further ruling solidifies that the procedures used in my office were conducted with integrity and careful consideration to protect the process provided under the law. The Court upholding the commissioners' findings reaffirms the impartiality within my office and our continual commitment to maintaining the highest standards in our electoral processes. Our distinct and explicit course of action ensured that every decision was made inside the confines provided within the law.”

This ruling affirms that Burgans acted in accordance with all legal requirements in her role as County Clerk. It also upholds the BOCC’s decision to affirm the Certificate of Insufficiency for the Initiative Petition Amending Douglas County Development Code.

This development means the VHR Initiative Petition does not qualify to appear on the 2024 November ballot.

For more information on Petitions in Douglas County click here.