NEVADA POWER CO. v. DIST. CT.

No. 41215.

102 P.3d 578 (2004)

NEVADA POWER COMPANY, a Nevada Corporation, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the State of NEVADA, in and for the COUNTY OF CLARK, and the Honorable Kathy A. Hardcastle, District Judge, Respondents, and Bonneville Square Associates, LLC, a Nevada Limited Liability Company and Union Plaza Operating Company, D/B/A the Plaza Hotel and Casino, a Nevada Corporation; for Themselves and Others Similarly Situated, Real Parties in Interest.

Supreme Court of Nevada.

December 23, 2004.


Attorney(s) appearing for the Case

Lemons Grundy & Eisenberg and Robert L. Eisenberg, Reno; Morse & Mowbray and Harold M. Morse and William R. Morse, Las Vegas; Stephen F. Smith, Associate General Counsel, Las Vegas, for Petitioner.

Beckley Singleton, Chtd., and Daniel F. Polsenberg, Las Vegas; Gerard & Osuch, LLP, and Robert B. Gerard and Lawrence T. Osuch, Las Vegas, for Real Parties in Interest.

Richard L. Hinckley, Commission General Counsel, and Jan Cohen and Marguerite Edith Russell, Assistant General Counsel, Carson City, for Amicus Curiae Public Utilities Commission of Nevada.

Before the Court En Banc.


OPINION

PER CURIAM.

This original writ petition challenges the district court's jurisdiction over a class action complaint against petitioner Nevada Power Company that alleges causes of action for deceptive and unfair trade practices, breach of the covenant of good faith and fair dealing, and breach of contract. We address two principal issues. First, does the district court have subject-matter jurisdiction to entertain a complaint against a public...

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