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Resident urges Elko County to back legal challenge over Article IV jurisdiction
Summary
Cliff Gardner told the commission he has circulated two court opinions and will prepare a written argument urging Elko County to consider filing or joining an amicus or intervention to challenge the scope of Article IV (property-clause) jurisdiction, which he described as historically 'plen
Cliff Gardner, speaking during public comment, urged the Elko County Commission to pursue legal action challenging the federal government's Article IV (property-clause) jurisdiction. Gardner presented two court decisions he said support his view that Article IV jurisdiction has been treated by courts as "plenary and without limitation," and asked the commission to consider joining as an intervenor or filing amicus briefs in the Utah litigation.
Gardner said he will prepare a more polished, written argument and asked commissioners to review it; county attorneys indicated they are preparing an amicus brief and expect to present a draft for board review. "That jurisdiction under Article 4 ... is plenary without limitation," Gardner said, arguing that precedents have repeatedly resolved similar claims against plaintiffs when Article IV questions were not directly framed. The board directed staff to continue work on the amicus process and to return drafts for consideration.
