The Nevada Supreme Court has ruled in favor of Reno Iron Works to move forward with construction next to the SPCA of Northern Nevada.
Earlier this month, a Nevada Appellate Court affirmed a ruling from the district court, Reno Iron Works will be allowed to build its factory next to the SPCA of Northern Nevada.
As we have reported, the SPCA filed a lawsuit against Reno Iron Works, saying the company's construction could disturb pets that are already in vulnerable situations.
In response to the ruling, the SPCA sent us this statement:Â
The Nevada Appellate Court (a 3-judge panel of the NV Supreme Court) affirmed the District Court’s ruling. This means the Reno Iron Works (RIW) project will be allowed to proceed and no mitigations will be required. We have exhausted all appeal options.
Obviously, this is disappointing, but what is even more disappointing is that the Appellate Court didn’t fully do their job of de novo review and really just stated the same conclusion as the district court without analysis.
As the Court recounted, the law in this area is so deferential to the administrative body (i.e., Reno City Council) that challenging a land use decision is nearly impossible in Nevada. We have no regrets about trying.
It’s been frustrating and sad to see the negative impacts of construction on the vulnerable pets in our care. We are highly trained professionals and everything we warned the City Council would happen to our pets as a result of the RIW project is in fact happening. The traffic dangers we warned about are also happening.
The SPCA-NN Team and our supports will continue to stay strong and focused on continuing to do our best for the thousands of homeless pets depending on us.
Please understand that we must wait until construction is complete before we can decide on what mitigations we’ll need to pursue to provide the best environment we can for the pets in our care.
UPDATE: JULY 6, 2023Â
On June 30, the SPCA of Northern Nevada was ordered to pay $195,600 in bonds to Reno Iron Works for a 24-month construction delay and temporary storage and lease costs as calculated by Reno Iron Works.
Read the full court order below:
As we reported last week, a judge ordered to halt construction of the new Reno Iron Works facility.
The judge previously denied the SPCA of Northern Nevada's original appeal.
However, the Executive Director of the SPCA Northern Nevada, Jill Dobbs, testified in court recently showing how the construction's recent noise and vibrations impacted their animals.
So, with the new emergency appeal, the judge had changed her mind.
"But she granted the motion for stay because we now have concrete proof and facts of the irreparable damage and harm that's happening to these animals," Dobbs said.Â
The SPCA of Northern Nevada told me that the Reno Iron Works Company filed an appeal to the emergency stay, that is now in the district court.
The SPCA has until May 8 to file its next appeal at the appellate court level, which the iron company will have a chance to respond to.
"So, there's now three actions in two different courts so this is getting a bit complicated and that means more attorney's fees more of my time away from our important work," Dobbs said.Â
SPCA of Northern Nevada also says the construction created severe impacts to their facility.Â
"Some of those dogs reacted so strongly pulling against the leads to get back into the building that the sounds were so terrifying and disturbing to them that we had 2 employees injured," Dobbs said.
While the construction is currently in its first stages, Dobbs says the more it goes on, the worse it can get.
"These are live sentient beings and they're being harmed by this. That's just the first stage, construction's going to take 12 to 18 months and then there's on going daily operations."
Dobbs also says that it's not that no construction can be done near the facility, it's the deconstruction of the hill and the type of facility that is being built is where she sees the issues.
We have reached out to Reno Iron Works, but they said with the ongoing litigation they have no comment at this time.
