Clark County Council directs staff to pursue repeal of Cholachee Bluff surface-mining overlay after Court of Appeals ruling

The Clark County Council on March 26 directed staff to move forward with repealing the county's Cholachee Bluff Surface Mining Overlay after a Court of Appeals ruling that found the county out of compliance with the Growth Management Act.

The council’s action followed testimony from David McDonald, attorney for Friends of Clark County, who summarized the multi-year procedural history and appeals tied to Granite Construction’s 2021 application and subsequent SMO proceedings. McDonald told the council, “The SMO still has a valid order of invalidity,” and recapped earlier votes, Planning Commission actions and appeals dating to 2021 and 2022.

Why this matters: The Court of Appeals decision, issued March 10, 2025, affirmed a Growth Board finding that Clark County was not compliant; the county now faces limits on when and how it can accept new loan or grant applications until it achieves compliance. Legal counsel told the council there is an April 9 deadline if the county intends to seek further appellate review rather than repeal.

Chief Deputy Prosecuting Attorney Chris Cook summarized the immediate legal…