In October 2016, the University of Nevada, Reno (UNR) and Nevada Division of Forestry (NDF) initiated a controlled burn in the Whittell Forest and Wildlife Area. Embers from the controlled burn escaped the burn area, causing a wildfire and significant property damage. The property owners and their insurers sued UNR and NDF for various claims, including inverse condemnation. UNR and NDF moved to dismiss the inverse condemnation claims, and the District Court denied the motions. UNR and NDF have filed a Petition for a Writ of Mandamus in the Nevada Supreme Court, asking the Court to order the District Court to dismiss the inverse condemnation claims. Several local government entities are considering participating in the litigation before the Nevada Supreme Court by jointly filing an amicus brief in support of UNR’s and NDF’s position.

If the District Court’s conclusions are adopted by the Nevada Supreme Court, they will have far-reaching implications for the City of Sparks. Therefore, the City Attorney’s Office recommends joining with other local government entities and seeking leave to file an amicus brief.

City Council could choose not to authorize the Sparks City Attorney’s Office to cause to be filed an amicus brief in the Little Valley Fire litigation.

I move to authorize the Sparks City Attorney’s Office to file or cause to be filed an amicus brief in the Nevada Supreme Court regarding the Little Valley Fire.