Electronically Filed

12/30/2019 3:02 PM
Steven D. Grierson
CLERK OF THE COURT

1 COMP
JASON M. WILEY, ESQ.
2 Nevada Bar No. 9274
RYAN S. PETERSEN, ESQ. CASE NO: A-19-807661-C
3 Nevada Bar No. 10715
WILEY PETERSEN Department 28
4 1050 Indigo Drive
Suite 200B
5 Las Vegas, Nevada 89145
Telephone: 702.910.3329
6 jwiley@wileypetersenlaw.com
rpetersen@wileypetersenlaw.com
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Attorneys for Robert Van Kirk
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9 IN THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

10 IN AND FOR THE COUNTY OF CLARK
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ROBERT VAN KIRK, an individual, Case No.:
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Plaintiff, COMPLAINT
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v.
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CLARK COUNTY; DOES I to X, inclusive; [Exempt From Arbitration – Declaratory and
15 and ROE Corporations or Business Entities I to Injunctive Relief Requested]
X, inclusive,
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Defendants.
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18 Plaintiff ROBERT VAN KIRK, an individual, by and through his counsel of record, the law
19 firm Wiley Petersen, hereby complains and alleges as follows:
20 PARTIES AND JURISDICTIONAL ALLEGATIONS
21 1. ROBERT VAN KIRK (“Plaintiff” or “Van Kirk”) is the owner of certain property
22 designated by Clark County Assessor Parcel Number 177-07-508-007 and commonly referred to as
23 7455 S. Valley View Boulevard, Las Vegas, Nevada (the “Property”).
24 2. Defendant CLARK COUNTY (“Defendant” or “the County”) is a political subdivision
25 of the State of Nevada capable of being sued.
26 3. The true names of Defendants DOES I to X and ROE CORPORATIONS I to X,
27 inclusive, are unknown to Plaintiff at this time and, therefore, Plaintiff brings suit against them by the
28 foregoing fictitious names. Plaintiff alleges that said Defendants are liable to Plaintiff under the claims

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Case Number: A-19-807661-C
 1 for relief set forth below. Plaintiff requests that when the true names are discovered for these DOE
2 and ROE Defendants, that this Complaint, or subsequent pleading, if appropriate, may be amended by
3 inserting their true names in lieu of the fictitious names together with apt and proper words to charge
4 them.
5 4. This Court has original subject matter jurisdiction over this dispute pursuant to Article
6 6, Section, 6, Clause 1 of The Constitution of the State of Nevada and pursuant to Nevada Arbitration
7 Rule 3(A) in that this Complaint asserts a cause of action for declaratory relief.
8 5. Pursuant to NRS §13.010(2), venue is proper in the Eighth Judicial District Court in
9 and for Clark County, Nevada in that the Property is located in Clark County, Nevada.
10 6. On September 12, 2019, Defendant posted a Notice of Violation upon the Property.
11 7. The Notice of Violation expressly provides that Plaintiff was in violation of Clark
12 County Code Section 30.44.010(b)(7)(A) entitled “Prohibited use in a residential area.”
13 8. Specifically, Defendant alleges Plaintiff operated the Property as a sex club.
14 9. The Notice of Violation further asserts Plaintiff was to “stop use of the Property as a
15 sex club” and defines “sex club” as “any business operated and maintained for the purpose of allowing
16 one or more persons to view or participate in a live sex act for consideration.”
17 10. The Notice of Violation also provides “[u]ses not permitted are expressly prohibited;
18 however, nothing in this Title shall be construed to prohibit constitutionally protected activities include
19 the use of a home for noncommercial gatherings of family and friends . . .”
20 11. On December 14, 2019, Defendant posted an Administrative Citation upon the
21 Property.
22 12. The Administrative Citation provides that Plaintiff was in the same violation as the
23 September 2019 Notice of Violation and that, specifically, that Plaintiff was using the property as a
24 sex club.
25 13. The Administrative Citation levied a $100.00 fine against Plaintiff and provides that
26 “[a] follow-up inspection has been scheduled for January 1, 2020 to ensure the violations have been
27 corrected.”
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 1 FIRST CAUSE OF ACTION
2 (Declaratory Relief)
3 14. Plaintiff repeats and reasserts the allegations previously set forth and incorporates the
4 same by reference herein.
5 15. A justiciable controversy exists between Van Kirk and Clark County because Van
6 Kirk’s rights are being infringed upon as a result of the Notice of Violation and Administrative Citation
7 served upon Van Kirk by Clark County.
8 16. Van Kirk and Clark County’s interests are adverse in this matter.
9 17. Van Kirk has a legally protectable interest in this controversy in that his right to enjoy
10 and occupy the Property is being infringed upon and Van Kirk faces monetary penalties for the
11 continued enjoyment and occupancy of the Property.
12 18. The issue is ripe for judicial determination in that the Administrative Citation purports
13 to assert a $100 fine and schedules a follow-up inspection for January 1, 2010 to ensure the perceived
14 violations have been corrected.
15 19. NRS 30.030 provides that courts of record, within their respective jurisdictions, shall
16 have the power to declare rights, status, and other legal relations whether or not further relief is or could
17 be claimed. No action or proceeding shall be open to objection on the ground that a declaratory
18 judgment is prayed for. The declaration may be either affirmative or negative in form and effect, and
19 such declarations shall have the force and effect of a final judgment or decree.
20 20. Based upon the language of NRS 30.030, this Court has the power to declare the rights,
21 status, and other legal relations between Van Kirk and Clark County.
22 21. Van Kirk seeks a declaration from the Court that the definition of “sex club” within
23 §30.44.010(b)(7)(A) of the Clark County Code is unconstitutionally overbroad and vague.
24 22. Van Kirk further seeks a declaration from the Court that the Property is not a “sex club”
25 as defined is §30.44.010(b)(7)(A) of the Clark County Code because the definition of “sex club” is
26 unconstitutionally overbroad and vague.
27 23. Van Kirk further seeks a declaration from the Court that the Property is not a business
28 because it is not a “sex club” as defined in §30.44.010(b)(7)(A) of the Clark County Code.

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 1 SECOND CAUSE OF ACTION
2 (Injunctive Relief)
3 24. Plaintiff repeats and reasserts the allegations previously set forth and incorporates the
4 same by reference herein.
5 25. Van Kirk faces a threat of irreparable harm because the use of the Property is threatened
6 by Clark County and ownership and use of real property is unique.
7 26. Clark County will be unaffected if injunctive relief is granted in favor of Van Kirk
8 because it will return Clark County to its present position free of harm.
9 27. Van Kirk’s life will be interrupted if Clark County is allowed to dictate how Van Kirk
10 occupies and enjoys his private residence.
11 28. Van Kirk is likely to succeed on the merits as complained herein as the statutes, codes,
12 and ordinances Clark County is relying upon to allege Van Kirk is operating a sex club on the Property
13 is unconstitutionally overbroad and vague.
14 29. Van Kirk’s interest in enjoying his private residence in a manner he sees fit and with
15 the individuals of his choosing is greater than preventing any alleged perils originating at the Property.
16 30. Van Kirk seeks an injunction preventing Clark County from imposing any
17 unreasonable conditions and/or fines upon Van Kirk resulting from the posting of the Notice of
18 Violation and Administrative Citation.
19 WHEREFORE, Van Kirk respectfully requests judgment as follows:
20 1. For a declaration as to the rights, statuses and legal relations between Van Kirk and
21 Clark County arising from the dispute as provided herein;
22 2. For an injunction preventing Clark County from imposing any unreasonable conditions
23 and/or fines upon Van Kirk resulting from the posting of the Notice of Violation and Administrative
24 Citation.
25 3. For an award of attorneys’ fees for prosecution of the claims herein;
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 1 4. For such other and further relief as the Court may deem just and proper.
2 DATED this 30th day of December 2019.
3 WILEY PETERSEN
4

5 /s/ Jason M. Wiley

JASON M. WILEY, ESQ.
6 Nevada Bar No. 9274
RYAN S. PETERSEN, ESQ.
7
Nevada Bar No. 10715
8 1050 Indigo Drive, Suite 200B
Las Vegas, Nevada 89145
9 Telephone: 702.910.3329
jwiley@wileypetersenlaw.com
10 rpetersen@wileypetersenlaw.com
11
Attorneys for Robert Van Kirk
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