Complaint To Administrative Agency Does Not Support Abuse of Process Claim But May Be A Nuisance

Allen Matkins
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Bonnie Springs Ranch sits below towering and very picturesque Aztec Sandstone cliffs a few miles outside of Las Vegas, Nevada.  After terminating a contract to sell some adjacent land, Bonnie Springs alleged that that buyer abused process by filing a citizen’s complaint with the county commissioner for the ulterior purpose of coercion.  As a result of the complaint, the commissioner and multiple state and local regulatory agencies performed a large-scale inspection of the ranch during business hours.  These officials arrived at the ranch in police vehicles with lights flashing while guests and school children were present.  Notably, no violations were found at the ranch.

As disruptive as that may be, the Nevada Supreme Court held yesterday that abuse of process claims do not encompass actions involving administrative agencies.  Land Baron Investments, Inc. v. Bonnie Springs Family L.P., 131 Nev. Adv. 69 (2015) (citing ComputerXpress, Inc. v. Jackson, 93 Cal. App. 4th 993 (2001)).  Bonnie Springs Ranch wasn’t left empty-handed, however.  The jury had also awarded it $350,000 as compensatory damages and $762,500 in punitive damages on a nuisance a claim also based on the buyer’s complaint to the county commissioner and the resulting inspection.  The Supreme Court affirmed this award.

A well-graced entertainer to leave the stage

In 1962, Don Francisco (the nombre artístico of Mario Luis Kreutzberger Blumenfeld) began what was to become the longest running show in television history.  Five decades later, the Spanish language show, Sábado Gigante, comes to an end this weekend.  If you’re not familiar with the show, you can read about it here.  Don Francisco, Ave atque vale!

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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