Berrigan petition shot down

A Clark County Superior Court judge ruled Friday that a referendum petition challenging the county’s 20-year growth plan was invalid.

Judge David Gregerson ruled that conservative activist Christian Berrigan’s petition to put the Comprehensive Growth Management Plan update to a vote is not a matter that can be subject to a referendum petition.

The Clark County council voted last month to ask a judge to rule the petition invalid, after Chief Deputy Prosecutor Chris Horne cited state case law that says local ordinances approved under the Growth Management Act are not subject to referendum.

The charter also holds that ordinances approved under state law are not subject to referendums. This is the first time that portion of the charter, which voters approved in 2014, has been challenged.

Berrigan tried to withdraw the petition after the county originally ask that he be liable for attorney’s fees in connection to the case, but the council later backed off on that request.

But despite that, Berrigan again tried to withdraw the petition on Friday, telling Gregerson a precedent of allowing people to withdraw referendum petitions would “grant the citizen the most liberty.”

But Horne said the county still wanted the judge to make a decision on whether or not Berrigan’s petition was valid in the first place, saying doing so would help clarify “a young charter.”

Gregerson agreed that it was more important to rule on the petition’s validity since 137 people signed Berrigan’s petition and were not asking for a withdrawal.