WINNEMUCCA — Both 6^th Judicial District Court judges have recused themselves from further lawsuits and appeals stemming from the proposed Jungo Rd. landfill. Judges Richard Wagner and Michael Montero filed recusals Tuesday (April 27) afternoon in which they requested the Nevada Supreme Court appoint either another district court judge or a senior judge to hear pending cases.

The documents include recusals for Jungo Land & Investments v Humboldt County Commissioners &Humboldt County, and the appeal filed by Robert Dolan and Massey Mayo regarding the conditional use permit issued to Jungo Land & Investments by the Regional Planning Commission for the development of a class 1 landfill.

The box containing the lawsuit against the county commission was wheeled on a luggage dolly from the district court back to the Humboldt County Clerk’s Office to await appointment of a judge. One observer quipped, “It’s like kryptonite; no one wants to touch it.”

In the recusals, Wagner and Montero noted the importance of impartiality and the appearance of impartiality, which they felt could be challenged by the ongoing budget negotiations between the district court and the county.  The documents note the 6^th Judicial District Court relies on county funding to operate the court and for the salaries of all employees.

The documents note, “As a result of general statewide economic uncertainty, and due to specific budget issues unique to Humboldt County, the court’s 2010-2011 budges is subjected to heightened level of scrutiny.  Further, budget negotiations between the district court and Humboldt County, not typically required, may be necessary to secure adequate funding for the district court’s 2010-2011 budget.”

The 6^th Judicial District Court includes Humboldt, Lander and Pershing Counties, with Humboldt County contributing the largest share of funding due to increased population.

The Dolan and Mayo appeal was scheduled to be heard in May.  The two are appealing a decision by the Regional Planning Commission who’s representatives elected not to hold a public hearing on the conditional use permit issued to Jungo Land & Investments more than two and a half years after it was issued. Dolan and Mayo appealed that decision to the Humboldt County Board of Commissioners who upheld the planning commission’s decision.  The appeal before the district court is a review of the commissioner’s decision.