The request is related to the board's approval of a zoning amendment that allows open pit mining by CMI in the Silver City area.Following the public records request, Lyon County refused to provide communications made through private accounts and devices, stating those communications do not fall under the umbrella of the Nevada Public Records Act.The Third Judicial District Court in 2016 sided with the county, stating that theprivate communications were not paid for with public tax money, and communications not paid for with public money are not public records.Representing CRA and McCarthy glass iphone case, Reno based attorney John Marshall argued that any "official county business is public record. They used their phone not just for their private conversations, but their public work as well.""When you take a document out of public space and put it in a private space, does it lose its character as a public record? We say 'no'," Marshall said. "We would urge the court to reverse the district court just because they happen to be located on a personal device, that does not render them from the Public Records Act."He said any record created by a public official relating to a matter of public interest is a public record, and that "people are making a voluntary choice to exercise their public duties on a private phone."Lyon County District Attorney Steve Rye countered that Lyon County provided thousands of pages of documents in response to the records request, but that the remaining documents sought by CRA are "not in the custody or control of the county."Rye suggested the court look at addressing "what a reasonable standard of what a public record is" and that Legislature should determine this through revising the Nevada Revised Statutes Chapter 239, which houses the Public Records Act.It could take up to a year for the court to render its decision.The 2014 public records request was made at the same time the CRA was filing the complaint regarding the board's vote to approve the zoning request by CMI that would allow open pit mining.The CRA opposes a January 2014 vote by commissioners who approved the zoning request 4 1.
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