Foothills of Fernley, LLC v. City of Fernley

MEMORANDUM **

Foothills of Fernley, LLC (“Foothills”) appeals from the district court’s grant of *111 summary judgment to the City of Fernley and individual municipal defendants (“City”). This suit arose after the City passed two municipal ordinances in quick succession (Bill 43 and 59), that changed the in-lieu of fee and dedication requirements respectively for City water. Foothills, a Nevada-based developer, claims that Bill 59 violated its equal protection and due process rights under both the United States and Nevada constitutions. Foothills also claims that the City impermissibly applied Bill 59 retroactively and that Bills 43 and 59 are unenforceable because the City failed to comply with procedural requirements for adopting a local ordinance as imposed by Nev.Rev.Stat. chapter 266 and Nev.Rev.Stat. chapter 237. Foothills also argues that the district court erred in raising sua sponte whether the applicable statute of limitations barred Foothills’ state law claims and in granting sua sponte summary judgment to the City. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a grant of summary judgment, Mendez v. County of San Bernardino, 540 F.3d 1109, 1123 (9th…