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NOLM, LLC v. COUNTY OF CLARK

No. 39508.

100 P.3d 658 (2004)

NOLM, LLC, A Nevada Limited Liability Company, Appellant, v. COUNTY OF CLARK, a Political Subdivision of the State of Nevada, Respondent.

Supreme Court of Nevada.

November 18, 2004.

Attorney(s) appearing for the Case

Law Offices of Kermitt L. Waters and James Jack Leavitt, Brian C. Padgett, Charles E. Springer, and Kermitt L. Waters, Las Vegas, for Appellant.

Michael K. Mansfield, Las Vegas, for Respondent.

Before SHEARING, C.J., BECKER and AGOSTI, JJ.

OPINION

PER CURIAM.

The issue in this appeal is whether a deed may be reformed in favor of a unilaterally mistaken party who bears the risk of the mistake, when the opposing party was aware of the mistake and sought to use it against the mistaken party. Because we conclude that these circumstances warrant reformation, we affirm the district court's reformation order, but we remand for a partial refund to the nonmistaken party.

FACTS

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