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					Case 2:08-cv-01763

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Filed 12/15/2008

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1 Nancy Lord, MD Nev Bar No. 6697 2 1970 N. Leslie Rd., No. 220 3 Pahrump, NV 89060 775-751-3636 4 Attorney for Plaintiffs 5 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA ) ) CIVIL CASE ) ) NO. __________ Plaintiffs ) ) vs. ) COMPLAINT FOR ) DECLARATORY AND NYE COUNTY, NYE COUNTY COMMISSIONERS, ) INJUNCTIVE RELIEF JONI EASTLEY, in her Official ) Capacity, GARY HOLLIS, in his Official ) Capacity, BORASKY, ANDREW “BUTCH” in ) his Official Capacity, PETER ) LIAKOPOULOS,in his Official Capacity, ) and MIDGE CARVER, in her Official ) Capacity. ) ) Defendants ) ______________________________________ ) )_______________________

7 CONCERNED CITIZENS FOR A SAFE COMMUNITY, AN ASSOCIATION; AND DONNA 8 COX, AN INDIVIDUAL 9 10 11 12 13 14 15 16 17 18 19 20 COMES NOW Plaintiffs,

CONCERNED

CITIZENS

FOR

A

SAFE

21 COMMUNITY, AN ASSOCIATION; AND DONNA COX, AN INDIVIDUAL by and 22 23 complain for injunctive relief for violations under 42 U.S.C.A. § 24 25 4321, 4332 and supplemental claims under the Nevada Revised through their undersigned attorney, Nancy Lord, MD, Esq., and

26 Statutes. 27 28 1

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1 THE PARTIES AND JURISDICTION 2 The Parties 3 1. CONCERNED CITIZENS FOR A SAFE COMMUNITY, is an Association 4 of citizens of Pahrump, Nevada; JUDITH HOLMGREN and DONNA 5 6 7 8 2. 9 10 and specifically near the site of the proposed Correctional 11 12 13 14 15 16 study, 17 18 19 20 21 22 23 seek to enjoy the benefits of dark stars at night and a 24 25 26 3. 27 28 2 peaceful and safe rural community. The Nye County Commissioners are the county commissioners for Nye County, Nevada and include JONI EASTLEY, in her intend to continue to do so on an ongoing basis in the future. Plaintiffs’ members derive recreational, spiritual, professional, aesthetic, educational and other benefits and enjoyment from these activities. Moreover, Plaintiff’s wildlife observation, hunting and fishing. They Corporations of America, Inc. (CCA) facility. members forests limited and for to, Individual a variety Plaintiffs of purposes, use nearby Plaintiff national but not COX are Individuals and Citizens of Pahrump, Nevada, located in Nye County, Nevada. Each of the plaintiff organization and individuals described above has members who live and/or work in Pahrump, Nevdaa

including,

hiking,

backpacking,

photography,

scientific

members and Individual Plaintiffs live in Pahrump Nevada and

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1 2 3

Official Official

Capacity Capacity,

as

Chairwoman, PETER

BUTCH

BORASKY his

in

his

LIAKOUPOLIS,in

Official

Capacity, and MIDGE CARVER, in her Official Capacity. 4 5 6 7 8 9 10 overwhelming opposition by the citizens of that community. 11 12 JURISDICTION AND VENUE The court has jurisdiction over all causes of action herein pursuant to 28 USC §§ 1331, 43 USC §§ 4321, 4332, and 4. The CORRECTIONAL CORPORATION OF AMERICA, INC., is a

corporation located at 10 Burton Hills Boulevard, Nashville, Tennessee 37215 that builds and manages for profit prison facilities throughout the nation, and has agreed to contract to build such a facility in Pahrump, Nevada in spite of the

13 5. 14 15 16

supplemental jurisdiction over state law claims under 28 USC § 1367.

17 18 19 20 21 22 23 are based here. 24 25 26 27 28 3 6. Venue is proper in this Court under 28 USC § 1391(e) because a substantial part of the events or omissions giving rise to the claims occurred here in Nye County, Nevada, the proposed Correctional Corporations of America (CCA) facility is to be located here, and several of the plaintiffs and defendants

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1 STATEMENT OF FACTS 2 7. 3 4 5 6 8. 7 8 9 10 new county jail. [Exh 1] 11 12 13 14 15 16 2007-07, which removed this 50,000 ft (9.5 mile) requirement 17 18 19 20 21 22 23 Group, 24 25 26 27 28 4 Trustee (OFDT), regarding Notice of a Public Scoping Meeting to Initiate the Environmental Impact Statement Process, that consultants of the Office of Federal Detention 10. from the Code on April 18, 2007 so that a prison can now be built in proximity to any and all residences. The BOCC 9. Nye County code 17.04.700.A.14.e, must be states: “The at facility fifty The the purchase price of $1,200,000. On July 21, 2006, the Pahrump Valley Times (“PVT”) featured an article entitled “Commissioners lean toward Mesquite Road for a new jail site.” This article did not concern the On July 15, 2004, United Holdings Corp. purchased 2250 E. Mesquite from Bruce M. Patterson and Ann Patterson Stahl for

Federal Detention Center; it was strictly concerned with a

[correctional

facility]

located

least

thousand (50,000) feet from a residential district.”

Board of County Commissioners (“BOCC”) voted to approve Bill

contemporaneously created and approved a new zone category of Community Facilities (“CF”). On June 5, 2007 a letter was sent from the Louis Berger

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1 2 3 11. 4 5 6 7 8 9 10

was announced on June 15, 2007 in a notice in the PVT. [Exh 2] On June 19, 2007 a Public Scoping Meeting presented by U.S. Department of Justice, Office of the Federal Detention

Trustee (“OFDT”). officials (there

17 persons attend, including 7 government are more government officials in the

transcript), 1 news reporter. signed in is 9.

Maximum number of residents

OFDT has been speaking with our public The OFDT states

officials since November (Transcript, p.8). 11 12 13 14 12. 15 16

that the “process, really, with the public begins tonight” (Transcript, p.9). [Exh 3] On July 11, 2007, the Regional Planning Commission (“RPC”) voted on a Master Plan Amendment and Related Zone Change Application for the Federal Detention Center to be sited at

17 18 19 20 21 22 23 Mesquite.) [Exh 4] 24 25 26 27 28 5 13. On July 18, 2007, the BOCC overturned the RPC’s vote of July 17, 2007, above. Commissioner Borasky was the liaison at 2250 E. Mesquite (Items 19.a and 19.b.) This was the only

proposed site for which residents had come to the meeting to protest against. (Note: The vote was to DENY the application.

The residents have stated that they then returned

home to celebrate believing the prison will not be placed on

the RPC meeting, but, according to the Minutes of the BOCC

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1 2 3

meeting,

Commissioner

Borasky

did

not

inform

the

other

Commissioners of the residents’ protest

against the site No

which resulted in the denial by the RPC of the site. 4 5 6 7 8 9 10 14.

residents were present at this BOCC meeting to protest as they believed the RPC had the power to remove this site from contention and that the site, indeed, had been removed from contention at the 7.11.07 RPC meeting. [Exh 5] On July 23, 2007, Ron Williams, County Manager, wrote to the OFDT that he has accomplished “no small feat” in obtaining a

11 12 13 15. 14 15 16 government officials and 2 were news reporters, leaving a 17 18 19 16. 20 21 22 23 site 24 25 26 27 28 6 letters). [Exh 9, FEIS, Docs. 1-3] is 2250 E. Mesquite (in responses to 3 separate 17. possible 8 residents noticed. [Exh 7] On December 21, 2007, the National Environmental Protection Act (NEPA) process began. Notice in the PVT stated that the Master Plan Amendment for a Detention Facility. [Exh 6]

On December 13, 2007, the Louis Berger Group forwarded the Draft Environmental Impact Statement (“DEIS”). This letter

was sent to only 32 people in Pahrump, of which 22 were

DEIS would be reviewed for a 45 day period. [Exh 8] Between January 2-9, 2008, the OFDT stated the preferred

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1 18. 2 3

On January 9, 2008, the OFDT was made aware that there is no water, no sewer and the water table is falling at the 2250 E. Mesquite site. [Exh 9, doc 3]

4 5 6 7 8 9 10 Agency 11 12 13 14 15 16 resources and air quality." After criticizing the findings 17 18 19 20 21 22 23 currently unavailable, although service could be provided by 24 25 26 27 28 7 extending a water main and wastewater collection line to the selected within site. Nye The majority have of surface been water resources and regarding the jurisdiction over ephemeral waters, Blajez Environmental Impact Statement as ED-2, Environmental notified OFDT that it had rated his Draft 20. 19. On January 16, 2008, a PVT article announced “Detention

center hearing set for tomorrow evening” and the hearing was held on January 17, 2008. ended on February 4, 2008. On January 29, 2008, the Review period ends for the DEIS [Exh 10] U.S. Environmental Protection

Concerns - Insufficient Information. Nova Blajez, Manager of the Environmental Review Office wrote: “We are concerned about the potential impacts of the proposed project on water

noted: "EPA is concerned about the general uncertainty of the water supply for this project. For the two sites located within Pahrump, Nevada, the DEIS states that the potable water supply service and wastewater collection service is

County

already

appropriated

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existing groundwater allocations exceed the perennial yield of the Pahrump of Basin. to Based on recent acre-feet projections, per year a is

shortfall 4 5 6 21. 7 8 9 10 22. 11 12 13 14 23. 15 16 read:

65,000

61,000

projected by the year 2050.” (EXH 9, FEIS, pgs. IV-32,33). On March 14, 2008, Defendant Corrections Corporation of

America (“CCA”) records a Memorandum of Right to Purchase the 2250 E. Mesquite location. No other proposed location

had such a Memorandum attached to it. [Exh 11] On March 27, 2008, the Pahrump Mirror’s front-page headline “Detention center headed to Pahrump. Facility to be

built on Mesquite Ave.” [Exh 12] On March 28, 2008, the Final Environmental Impact Statement (“FEIS”) began a 30-day review. Notice was given in the

PVT, and on April 28, 2008, the review period ended. [Exh 17 18 19 20 21 22 23 24. 24 25 26 27 28 8 location into 2 parcels of approximately 120 acres and 40 acres. (Agenda Item 17 [Exh 15]) On May 16, 2008, a PVT headline reads: “It’s Official. Detention On May 14, 2008, the BOCC split the 160 acre E. Mesquite 13] Ninety nine (99) form letters dated 1.04.2008 from

Pahrump citizens were received.

Sixty-three (63) of these

were in favor of a different site and the other thirty three (33) did not specify a site. 2250 E. Mesquite location. Not one letter requested the

[Exh 14, sample letter]

front-page

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Center is on the Way.”

It was not, however “official”; as

the Development Agreement has not yet been submitted by CCA. [Exh 16]

4 5 6 7 8 9 10 1,500 bed facility may be constructed. 11 12 13 14 15 16 the town dump and all of the heavy equipment therein, and 17 18 19 27. 20 21 22 23 28. 24 25 26 27 28 9 location for a public hearing on the proposed Development Agreement. [Exh 18] This was held on September 16, 2008 at the Ruud Center, which was filled to overflowing its 350 On August 20, 2008 a BOCC meeting to set a date, time and within the habitat for the desert tortoise. On August 19, 2008, there was meeting between Pahrump Area Valley Economic Development, a private group, met with CCA representatives. meeting. Approximately 90 people attended the 26. On June 30, 2008, CCA purchased above mentioned 120 acre (parcel no. 027-421-15) for $6,990,000, now addressed at The site had no water, no sewer, no 25. On May 19, 2008, CCA secured the OFDT contract to build on the “agency preferred alternative”, i.e., the East Mesquite location. The next day, CCA put out a press release

announcing that CCA will be building a “1072-bed prison” in Pahrump. [Exh 17] However, upon information and belief, a

2190 East Mesquite Ave.

electricity, is located in close proximity to an airport and

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person capacity.

People were turned away.

The overwhelming

majority were clearly against the building of the prison. During the meeting Commissioner Eastley stated: It’s a

4 5 6 7 8 9 10 29. 11 12 13 14 15 16 track. [Exh 20] 17 18 19 20 21 22 23 a done deal.” 24 25 26 27 28 10 Agreement and continued the public hearing to December 16, 2008. The BOCC does not have an updated Development 30. On October 21, 2008 the BOCC public hearing re proposed Development Agreement is continued from September 16, 2008. The public again filled the Ruud Center to maximum capacity of 350 persons. The overwhelming majority is once again Commissioner Eastley again states “It’s “Public quiet when Nye cut distance.” Within that article On September 18, 2008, the PVT ran an article entitled “done deal.” Additionally, the Agenda backup shows that the

Commissioners have all voted in favor of the Development Agreement, even though neither a motion nor a vote has yet been made. The BOCC continued the public hearing to October

21, 2008. [Exh 19]

was a quote from Commissioner Borasky showing the need to use the words “detention center” instead of “prison”. The

article also stated that the project was put on the fast

against the prison.

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1 31. 2 3 32. 4 5 6 7 8 9 10 33. 11 12 13 14 15 16 34. 17 18 19 35. 20 21 22 23 36. 24 25 26 27 28

A continued BOCC public hearing and possible vote on the Development Agreement is scheduled for December 16, 2008. It is well known that water is scarce in the desert and the Pahrump water table is dropping. There is no water at the site, as required by the EIS. The utility company will need

to petition the Pahrump Utility Commission to extend their tariff area. This has not been done. There is no agreement

between the utility company and CCA for water. Defendant CCA has not informed the BOCC as to whether it will drill a well, siphoning thousands of gallons of water without the purchase of water rights for the “fan” (side of Mount Charleston), where the facility is to be built, or use municipal water. No public hearings have been held by the PUC to extend their tariff area. There are no sewers at the site. The utility company does They will No

not have the right to provide sewer in this area.

have to apply to the PUC to expand their tariff area. public hearings have been held on this issue.

The proposed sewer lines will deliver sewage to Plant #3 on the Willow Creek Golf Course. receiving a large number of Utilities, Inc. is already complaints about stink and

stench in the area surrounding this plant. 11

The Willow Creek

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Golf Course is in foreclosure.

The question as to what will

happen to the treated effluent if the golf course is later used for another purpose, in light of the inordinate amount

4 5 6 7 8 37. 9 10 that it would cause a “strain” on the company to provide 11 12 13 14 15 16 that 17 18 19 20 21 38. 22 23 the fan overlooking the homes of the Pahrump Valley. 24 25 26 27 28 12 prison, because it is high on the fan and in our town area, will be seen by almost every home in the Valley. And the The infrastructure. Residents will be charged an additional The question as to who will pay for the cost of service will be rising to provide sufficient electric power to the prison given the electric company’s current infrastructure. must address this problem. The Development Agreement people of Pahrump, a of disease in prisons, has not been addressed, nor has the known “protest” of prisoners to flush all the toilets at once with solid objects in the drains. There is no electricity at the site. The electric utility,

at a recent meeting with the residents of Pahrump, stated

The

declining population, have been advised by the electric coop

8.5% on their bills.

the new infrastructure has not been addressed. Pahrump is a country town. and the moon rising. The citizens enjoy the starlight

CCA has chosen a location high up on

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1 2 3 39. 4 5 6 7 8 9 10 40.

lights at night will be unbearable for residents and the stars will no longer be visible to area residents. The area is close enough to local residences, and even a private airport, that it could facilitate the escape of

prisoners, allegedly detainees to be deported with little incentive to proceed through their deportation proceedings, which could place Pahrump residents in grave danger. Nye County Code, section 1704.510.D requires Facility (Private) to be subject to a a Detention Use

Conditional

11 12 13 14 15 16 are addressed in this Development Agreement, especially in 17 18 19 41. 20 21 22 23 five or more acres, the maximum height of a light pole, 24 25 26 27 28 13 measured from the finished grade to the top of the pole, shall be 30 feet.” lighting at 35 feet. The Development Agreement calls for The BOCC should be required to review the areas of health, safety and welfare. The Nye County Code Sec. 17.04.120 mandates that zoning Permit. Use There has been no public hearing for a Conditional There has been no Conditional Use Permit

Permit.

issued.

CCA should be held to this requirement of the Code,

as a Conditional Use Permit addresses many more issues than

disgtricts be established by structure height and it is not certain whether the CCA facility will by 40 feet or higher. The Nye County Code, section 17.04.750.5 states: “For sites

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1 2 3 42. 4 5 6 7 43. 8 9 10

this inconsistency and amend the Code, if necessary, prior to signing the Development Agreement. The Nye County Fire Department is not prepared to fight a fire in a 40’ structure. reach that high. The landfill is diagonally across from the proposed site and handles hazardous waste. There is a possibility of They have no equipment that will

hazardous spills at the landfill.

The landfill operators

have not been required to acknowledge in writing the status 11 12 13 14 15 16 and driven into the prison fences. 17 18 19 20 21 22 23 24 25 26 27 28 14 “Clark County holds a permit from the U.S. Fish & Wildlife Service authorizing ‘take’ of desert tortoises during the course of otherwise legal activities on non-federal lands. In Clark County only, discouraging burrowing owls from breeding in the consturction site on private property is allowed by collapsing tortoise burrow’s during the owl’s non-breeding season (September through February). This may 44. The endangered tortoise inhabits this location. Wildlife Opinion”. has The not yet rendered its final should U.S. Fish & “Biological not proceed In the of any hazardous spills prior to the Commissioners signing the Development Agreement because it may affect the

Development Agreement and the construction schedule.

T h e

landfill has heavy equipment which could easily be stolen

Development

Agreement

until the final Opinion is received and reviewed. Draft EIS, U.S. Fish & Wildlife noted that:

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help avoid construction delays. Prior to collapsing a burrow, always check for owls or other protected wildlife occupying the burrow for the winter. Exh 21

4 5 6 45. 7 46. 8 9 10 it is aware, that indicates that the presence of a prison in 11 12 13 14 15 16 suppliers." In fact, as a chief selling point to various 17 18 19 20 21 22 23 favor Nye County." In fact, CCA is well aware that in its 24 25 26 27 28 15 facilities, sited in depressed towns such as Olney Springs, draw the majority of its employees from commuting from contracting agencies and bond sellers, the industry brags that it is able to operate efficiently by dealing with this rural area will actually contribute to economic 47. In addition, there are burrowing owls that nest in the area. The Yucca in the area have not been taken into

consideration.

They are protected plants.

The OFDT and BOCC ignore the considerable research of which

stagnation. It equates "payments for utility services" with profits, another unfounded assumption. It assumes there will be significant "purchase of goods and services from local

centralized purchasing through national, rather than local or even statewide providers. It simply can't have it both ways. It also assumes that "employment opportunities will

Pueblo, Colorado. The OFDT may not have known this, but it

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1 2 3 4 5 6 48. 7 8 9 49. 10 11 12 13

should have at least challenged that assumption with some observable fact. COUNT I Violation of NEPA Failure of the Final EIS to Analyze Impacts on Old Forest Species

Plaintiffs re-allege, as if fully set forth herein, each and every allegation contained in the preceding paragraphs. NEPA is the “basic national charter for protection of the environment.” 40 C.F.R. § 1500.1. Among other things, NEPA requires all agencies of the federal government to prepare a “detailed impacts statement” and that discusses the environmental all “major

of,

reasonable

alternatives

to,

14 15 16 17 18 19 50. 20 21 22 23 24 25 26 27 28 16 decisions that are based on understanding of environmental consequences” and to “insure that environmental information is available to public officials and citizens before The EIS process is intended “to help public officials make Federal actions significantly affecting the quality of the human environment.” 42 U.S.C. § 4332(2)(C). This statement is commonly known as an environmental impact statement

(“EIS”).

decisions are made and before actions are taken.” 40 C.F.R. § 1500.1(b)-©.

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1 51. 2 3

NEPA requires that an EIS analyze “direct effects,” which are “caused by the action and occur at the same time and place,” as well as “indirect effects which . . . are later

4 5 6 7 52. 8 9 10 effect on the yucca plant. 11 12 13 14 15 16 implement the Reasonable and Prudent Measures set forth in 17 18 19 20 21 22 23 54. 24 25 26 town 27 28 17 board, citizens' advisory council or town advisory 53. Plaintiffs re-allege, as if fully set forth herein, each and every allegation contained in the preceding paragraphs. A zoning regulation, restriction or boundary, or an the draft opinion. [Exh 22] biological opinion from U.S. Fish & Wildlife that requires only $50,000 remediation and a fence around the area before grading, and that they will kill possibly “only two” The FEIS has only a draft in time or farther removed in distance, but are still

reasonably foreseeable.” 40 C.F.R. § 1508.8. The final EIS on the CCA facility fails adequately to

analyze or take a hard look at the likely impacts on the desert tortoise, burrowing owl, and their habitats, nor the

threatened desert tortoises. There is no agreement by CCA to

Count II Violation of NRS 278.260 (2)

amendment thereto, must not become effective until after transmittal of a copy of the relevant application to the

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board pursuant to subsection 5, if applicable, and after a public hearing at which parties in interest and other

persons have an opportunity to be heard. The governing body 4 5 6 7 8 9 10 park is located within 300 feet of the property in question; 11 12 13 14 55. 15 16 56. 17 18 19 20 21 22 23 58. 24 25 26 to suffer 24 hour lighting, be deprived of the quiet rural 27 28 18 57. Plaintiffs re-allege, as if fully set forth herein, each and every allegation contained in the preceding paragraphs. The construction of the facility will be violation of the common law tort of nuisance to the citizens of Pahrump, including but not limited to named Plaintiffs who will have was arbitrary and capricious. Count III Nuisance The decision of the BOCC to over-rule the zoning commission and . . . at least 10 days before the hearing. In this case, the zoning commission denied the variance, and meetings were held on only one days notice to the public. shall cause notice of the time and place of the hearing to be: (a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; (b) Mailed to each tenant of a mobile home park if that

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1 2 3 59. 4 5 6 7 8 9 10

ambience in which they chose to live, and will no longer see stars at night,. The construction of the facility will be a violation of the common law tort of nuisance as the citizens of Pahrump, including but not limited to the named Plaintiffs, will be endangered by the possibility of escapees potentially armed with chemicals and equipment taken from the nearby town dump and possibly even flying in aircraft stolen from the airport that is also near the proposed facility.

11 12 13 14 15 16 miles away from the location. 17 18 19 20 61. 21 22 23 adequate participation by Pahrump residents. 24 25 26 27 28 19 63. The January 17, 2008 meeting was announced with only one days notice to the public. 62. Plaintiffs re-allege, as if fully set forth herein, each and every allegation contained in the preceding paragraphs. The June 19, 2007 was not announced in a manner to assure Count IV Violation of Nevada Open Meeting Law, NRS 241.021 60. The construction of the facility will violate the common law tort of nuisance numerous as Pahrump citizens with will be forced to

observe

busses

filled

prisoners

traveling

through its main road en route to this Honorable Court, 70

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1 64. 2 3

Upon information and belief, BOCC Chairwoman Joni Eastley announced at a recent meeting of the Republican Womens’ Club that all of the Commissioners were going to vote in favor of

4 5 6 65. 7 66. 8 9 10 A. 11 12 13 14 15 16 B. 17 18 19 C. Such other and further relief as this court may deem Reasonable attorneys' fees and costs; and defendants, their agents, employees, assigns, and all A preliminary and permanent injunction enjoining the Development Agreement on December 16, 2008. No meeting to determine these votes was announced. The holding of the above meetings without 3 days notice to the public was arbitrary and capricious. WHEREFORE, Plaintiffs accordingly pray for the following relief:

persons acting in concert or participating with them from entering into a Development Agreement for the CCA facility to be located at 2250 East Mesquite Ave., Pahrump, Nevada.

necessary and proper.

20 Dated this 15th day of December, 2008. 21 22 23 24 Nancy Lord 1970 N. Leslie Rd., No. 220 26 Pahrump, NV 89060 775-751-3636 27 Attorney for Plaintiff 25 28 20 Respectfully submitted, S/nancylord/s __________________________ Nancy Lord, M.D. Nevada Bar No. 6697

2JS 44 (Rev. 12/07)

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Page 1 of 2

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

(b) County of Residence of First Listed Plaintiff

Nye

County of Residence of First Listed Defendant

Nye

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(c) Attorney’s (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

II. BASIS OF JURISDICTION
u 1
U.S. Government Plaintiff

(Place an “X” in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) PTF Citizen of This State u 1 Citizen of Another State DEF u 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation

u 3 Federal Question (U.S. Government Not a Party) u 4 Diversity
(Indicate Citizenship of Parties in Item III)

u 2

U.S. Government Defendant

u 2 u 3

u u

2

u 5 u 6

u 5 u 6

Citizen or Subject of a Foreign Country

3

IV. NATURE OF SUIT
CONTRACT

(Place an “X” in One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights PERSONAL INJURY u 362 Personal Injury Med. Malpractice u 365 Personal Injury Product Liability u 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY u 370 Other Fraud u 371 Truth in Lending u 380 Other Personal Property Damage u 385 Property Damage Product Liability PRISONER PETITIONS u 510 Motions to Vacate Sentence Habeas Corpus: u 530 General u 535 Death Penalty u 540 Mandamus & Other u 550 Civil Rights u 555 Prison Condition

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

u u u u u u u u u u u u u u u u u u

110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

u u u u u u u u u u u u u u u u

u 610 Agriculture u 620 Other Food & Drug u 625 Drug Related Seizure of Property 21 USC 881 u 630 Liquor Laws u 640 R.R. & Truck u 650 Airline Regs. u 660 Occupational Safety/Health u 690 Other LABOR u 710 Fair Labor Standards Act u 720 Labor/Mgmt. Relations u 730 Labor/Mgmt.Reporting & Disclosure Act u 740 Railway Labor Act u 790 Other Labor Litigation u 791 Empl. Ret. Inc. Security Act
IMMIGRATION u 462 Naturalization Application u 463 Habeas Corpus Alien Detainee u 465 Other Immigration Actions

u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157
PROPERTY RIGHTS u 820 Copyrights u 830 Patent u 840 Trademark

u u u u u u u u u u u u u u u u u u u

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS u 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRS—Third Party 26 USC 7609

u u u u u

400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes

V. ORIGIN
u 1 Original Proceeding

(Place an “X” in One Box Only)

Appeal to District Appellate Court

u 2 Removed from
State Court

u 3 Remanded from

u 4 Reinstated or u 5 Transferred from u 6 Multidistrict another district Reopened Litigation (specify)

u 7 Judge from Magistrate
Judgment

42 U.S.C. § 4332 VI. CAUSE OF ACTION Brief description of cause: VIOLATION OF THE NATIONAL ENVIRONMENTAL PROTECTION ACT CHECK YES only if demanded in complaint: DEMAND $ u CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 u Yes u No JURY DEMAND: COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE DOCKET NUMBER IF ANY
DATE SIGNATURE OF ATTORNEY OF RECORD

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

12/15/2008
FOR OFFICE USE ONLY RECEIPT # AMOUNT

S/NancyLord/s

APPLYING IFP

JUDGE

MAG. JUDGE

JS 44 Reverse (Rev. 12/07)

Case 2:08-cv-01763

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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment)”. II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an “X” in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

Case 2:08-cv-01763

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Nancy Lord, MD Nev Bar No. 6697 1970 N. Leslie Rd., No. 220 Pahrump, NV 89060 775-751-3636 Attorney for Plaintiffs UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA CONCERNED CITIZENS FOR A SAFE COMMUNITY, AN ASSOCIATION; AND AND DONNA COX, AN INDIVIDUAL ) CIVIL CASE ) ) NO. __________ ) Plaintiffs ) ) vs. ) ) Verification NYE COUNTY, NYE COUNTY COMMISSIONERS, ) ) JONI EASTLEY, in her Official Capacity, GARY HOLLIS, in his Official ) ) Capacity, BORASKY, ANDREW “BUTCH” in ) his Official Capacity, PETER LIAKOPOULOS,in his Official Capacity, ) ) and MIDGE CARVER, in her Official ) Capacity. ) ) Defendants ______________________________________ )_______________________

I, Donna Cox, declare under penalty of perjury as follows: 1. I am over eighteen years of age, and I have personal knowledge of the matters set forth herein. 2. I am the President of Concerned Citizens for a Safe Community, a private Association and am authorized to sign on its behalf. 3. X X X X 1 I am also a named Individual Plaintiff herein.

Case 2:08-cv-01763

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Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons

Document 1-4

Filed 12/15/2008

Page 1 of 2

UNITED STATES DISTRICT COURT
for the

District of Nevada __________ District of __________
Citizens for a Safe Community, et al
Plaintiff

v.
Board of County Commissioners, et al
Defendant

) ) ) ) )

Civil Action No. 2:08-cv-01763

Summons in a Civil Action To: (Defendant’s name and address)
Joni Eastley 401 S. Frontage Rd. Suite 5 Pahrump, NV 89048

A lawsuit has been filed against you. Within 30 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff’s attorney, whose name and address are:
Nancy Lord, Ltd Attorney at Law 1970 N Leslie Rd., No 220 Pahrump, NV 89060

If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Name of clerk of court

Date:
Deputy clerk’s signature

(Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States allowed 60 days by Rule 12(a)(3).)

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons (Page 2)

Document 1-4

Filed 12/15/2008

Page 2 of 2

Proof of Service

I declare under penalty of perjury that I served the summons and complaint in this case on by: (1) personally delivering a copy of each to the individual at this place, ; or (2) leaving a copy of each at the individual’s dwelling or usual place of abode with who resides there and is of suitable age and discretion; or (3) delivering a copy of each to an agent authorized by appointment or by law to receive it whose name is ; or (4) returning the summons unexecuted to the court clerk on (5) other (specify) . My fees are $ for travel and $ for services, for a total of $
0.00

,

; or

.

Date:
Server’s signature

Printed name and title

Server’s address

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons

Document 1-5

Filed 12/15/2008

Page 1 of 2

UNITED STATES DISTRICT COURT
for the

District of Nevada __________ District of __________
Citizens for a Safe Community, et al
Plaintiff

v.
Board of County Commissioners, et al
Defendant

) ) ) ) )

Civil Action No. 2:08-cv-01763

Summons in a Civil Action To: (Defendant’s name and address)
Gary Hollis 401 S. Frontage Rd. Suite 5 Pahrump, NV 89048

A lawsuit has been filed against you. Within 30 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff’s attorney, whose name and address are:
Nancy Lord, Ltd Attorney at Law 1970 N Leslie Rd., No 220 Pahrump, NV 89060

If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Name of clerk of court

Date:
Deputy clerk’s signature

(Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States allowed 60 days by Rule 12(a)(3).)

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons (Page 2)

Document 1-5

Filed 12/15/2008

Page 2 of 2

Proof of Service

I declare under penalty of perjury that I served the summons and complaint in this case on by: (1) personally delivering a copy of each to the individual at this place, ; or (2) leaving a copy of each at the individual’s dwelling or usual place of abode with who resides there and is of suitable age and discretion; or (3) delivering a copy of each to an agent authorized by appointment or by law to receive it whose name is ; or (4) returning the summons unexecuted to the court clerk on (5) other (specify) . My fees are $ for travel and $ for services, for a total of $
0.00

,

; or

.

Date:
Server’s signature

Printed name and title

Server’s address

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons

Document 1-6

Filed 12/15/2008

Page 1 of 2

UNITED STATES DISTRICT COURT
for the

District of Nevada __________ District of __________
Citizens for a Safe Community, et al
Plaintiff

v.
Board of County Commissioners, et al
Defendant

) ) ) ) )

Civil Action No. 2:08-cv-01763

Summons in a Civil Action To: (Defendant’s name and address)
Peter Liakopoulos 401 S. Frontage Rd. Suite 5 Pahrump, NV 89048

A lawsuit has been filed against you. Within 30 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff’s attorney, whose name and address are:
Nancy Lord, Ltd Attorney at Law 1970 N Leslie Rd., No 220 Pahrump, NV 89060

If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Name of clerk of court

Date:
Deputy clerk’s signature

(Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States allowed 60 days by Rule 12(a)(3).)

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons (Page 2)

Document 1-6

Filed 12/15/2008

Page 2 of 2

Proof of Service

I declare under penalty of perjury that I served the summons and complaint in this case on by: (1) personally delivering a copy of each to the individual at this place, ; or (2) leaving a copy of each at the individual’s dwelling or usual place of abode with who resides there and is of suitable age and discretion; or (3) delivering a copy of each to an agent authorized by appointment or by law to receive it whose name is ; or (4) returning the summons unexecuted to the court clerk on (5) other (specify) . My fees are $ for travel and $ for services, for a total of $
0.00

,

; or

.

Date:
Server’s signature

Printed name and title

Server’s address

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons

Document 1-7

Filed 12/15/2008

Page 1 of 2

UNITED STATES DISTRICT COURT
for the

District of Nevada __________ District of __________
Citizens for a Safe Community, an Association, et a
Plaintiff

v.
Board of Nye County Commissioners, et al
Defendant

) ) ) ) )

Civil Action No. 2:08-cv-01763

Summons in a Civil Action To: (Defendant’s name and address)
Nye County 401 S. Frontage Rd. Suite 5 Pahrump, NV 89060

A lawsuit has been filed against you. Within 30 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff’s attorney, whose name and address are:
Nancy Lord, Ltd Attorney at Law 1970 N Leslie Rd., No 220 Pahrump, NV 89060

If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Name of clerk of court

Date:
Deputy clerk’s signature

(Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States allowed 60 days by Rule 12(a)(3).)

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons (Page 2)

Document 1-7

Filed 12/15/2008

Page 2 of 2

Proof of Service

I declare under penalty of perjury that I served the summons and complaint in this case on by: (1) personally delivering a copy of each to the individual at this place, ; or (2) leaving a copy of each at the individual’s dwelling or usual place of abode with who resides there and is of suitable age and discretion; or (3) delivering a copy of each to an agent authorized by appointment or by law to receive it whose name is ; or (4) returning the summons unexecuted to the court clerk on (5) other (specify) . My fees are $ for travel and $ for services, for a total of $
0.00

,

; or

.

Date:
Server’s signature

Printed name and title

Server’s address

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons

Document 1-8

Filed 12/15/2008

Page 1 of 2

UNITED STATES DISTRICT COURT
for the

District of Nevada __________ District of __________
Citizens for a Safe Community, an Association, et a
Plaintiff

v.
Board of Nye County Commissioners, et al
Defendant

) ) ) ) )

Civil Action No. 2:08-cv-01763

Summons in a Civil Action To: (Defendant’s name and address)
Board of Nye County Commissioners 401 S. Frontage Rd. Suite 5 Pahrump, NV 89060

A lawsuit has been filed against you. Within 30 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff’s attorney, whose name and address are:
Nancy Lord, Ltd Attorney at Law 1970 N Leslie Rd., No 220 Pahrump, NV 89060

If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Name of clerk of court

Date:
Deputy clerk’s signature

(Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States allowed 60 days by Rule 12(a)(3).)

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons (Page 2)

Document 1-8

Filed 12/15/2008

Page 2 of 2

Proof of Service

I declare under penalty of perjury that I served the summons and complaint in this case on by: (1) personally delivering a copy of each to the individual at this place, ; or (2) leaving a copy of each at the individual’s dwelling or usual place of abode with who resides there and is of suitable age and discretion; or (3) delivering a copy of each to an agent authorized by appointment or by law to receive it whose name is ; or (4) returning the summons unexecuted to the court clerk on (5) other (specify) . My fees are $ for travel and $ for services, for a total of $
0.00

,

; or

.

Date:
Server’s signature

Printed name and title

Server’s address

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons

Document 1-9

Filed 12/15/2008

Page 1 of 2

UNITED STATES DISTRICT COURT
for the

District of Nevada __________ District of __________
Citizens for a Safe Community, an Association, et a
Plaintiff

v.
Board of Nye County Commissioners, et al
Defendant

) ) ) ) )

Civil Action No. 2:08-cv-01763

Summons in a Civil Action To: (Defendant’s name and address)
Andrew "Butch" Borasky 401 S. Frontage Rd. Suite 5 Pahrump, NV 89060

A lawsuit has been filed against you. Within 30 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff’s attorney, whose name and address are:
Nancy Lord, Ltd Attorney at Law 1970 N Leslie Rd., No 220 Pahrump, NV 89060

If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Name of clerk of court

Date:
Deputy clerk’s signature

(Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States allowed 60 days by Rule 12(a)(3).)

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons (Page 2)

Document 1-9

Filed 12/15/2008

Page 2 of 2

Proof of Service

I declare under penalty of perjury that I served the summons and complaint in this case on by: (1) personally delivering a copy of each to the individual at this place, ; or (2) leaving a copy of each at the individual’s dwelling or usual place of abode with who resides there and is of suitable age and discretion; or (3) delivering a copy of each to an agent authorized by appointment or by law to receive it whose name is ; or (4) returning the summons unexecuted to the court clerk on (5) other (specify) . My fees are $ for travel and $ for services, for a total of $
0.00

,

; or

.

Date:
Server’s signature

Printed name and title

Server’s address

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons

Document 1-10

Filed 12/15/2008

Page 1 of 2

UNITED STATES DISTRICT COURT
for the

District of Nevada __________ District of __________
Citizens for a Safe Community, an Association, et a
Plaintiff

v.
Board of Nye County Commissioners, et al
Defendant

) ) ) ) )

Civil Action No. 2:08-cv-01763

Summons in a Civil Action To: (Defendant’s name and address)
Midge Carver 401 S. Frontage Rd. Suite 5 Pahrump, NV 89060

A lawsuit has been filed against you. Within 30 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff’s attorney, whose name and address are:
Nancy Lord, Ltd Attorney at Law 1970 N Leslie Rd., No 220 Pahrump, NV 89060

If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Name of clerk of court

Date:
Deputy clerk’s signature

(Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States allowed 60 days by Rule 12(a)(3).)

Case 2:08-cv-01763
2 AO 440 (Rev. 04/08) Civil Summons (Page 2)

Document 1-10

Filed 12/15/2008

Page 2 of 2

Proof of Service

I declare under penalty of perjury that I served the summons and complaint in this case on by: (1) personally delivering a copy of each to the individual at this place, ; or (2) leaving a copy of each at the individual’s dwelling or usual place of abode with who resides there and is of suitable age and discretion; or (3) delivering a copy of each to an agent authorized by appointment or by law to receive it whose name is ; or (4) returning the summons unexecuted to the court clerk on (5) other (specify) . My fees are $ for travel and $ for services, for a total of $
0.00

,

; or

.

Date:
Server’s signature

Printed name and title

Server’s address

Case 2:08-cv-01763

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EXHIBIT 22

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