Incensed about being sidelined and deprived of its money, Nye County requested that Bryan call a special session of the legislature to repeal the act establishing the county and upon his refusal challenged it in court, claiming it was unconstitutional due to the prohibition on special legislation on counties. In late October 1987, McKay announced that the state would not defend the law in court, since in his view it was likely unconstitutional. On February 11, 1988, retired Supreme Court of Nevada justice David Zenoff conducted a special hearing and found Bullfrog County's creation to be unconstitutional. Zenoff found that since Bullfrog County had no residents, it did not have a representative government. He also ruled the provision of the law giving Bryan the power to appoint the commissioners and sheriff ran counter to the democratic process. In compliance, the state legislature abolished Bullfrog County in 1989 and the territory was retroceded to Nye County. Yucca Mountain was ultimately selected as the site of the repository, but as of 2019 its construction has been delayed due to continued opposition from the state and area.