Tahoe Regional Planning Agency v. Brian McKay Attorney General of the State of Nevada
Opinion
Opinion
Canby, J.
The Attorney General of Nevada, appellant here, challenges the district court’s holding that Nevada’s “open meeting” law does not preclude a public agency from conferring privately with its counsel on matters within the scope of the attorney-client privilege. 590 F.Supp. 1071 . We affirm.
BACKGROUND
The Tahoe Regional Planning Compact (TRPC), Pub.L. No. 96-551, 94 Stat. 3233 (1980), a congressionally-ratified interstate compact designed to control and manage the development and use of properties within the Lake Tahoe basin, established the Tahoe Regional Planning Agency (TRPA). The TRPC provides that
Art. 111(d), 94 Stat. at 3237.
TRPA brought suit seeking declaratory and injunctive relief barring appellant Brian McKay, Nevada’s Attorney General, from enforcing Nevada’s open meeting law, NRS § 241.020, against closed meetings between TRPA and its counsel. After denying appellant’s motion to dismiss, the district court held, on cross-motions for summary judgment, that Nevada’s open meeting law permits a public agency to confer in private with its counsel on matters properly within the scope of the attorney-client privilege. The Attorney General appeals.