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CITY OF N. LAS VEGAS v. DIST. COURT

No. 46327.

147 P.3d 1109 (2006)

CITY OF NORTH LAS VEGAS, a Municipal Corporation; North Las Vegas City Council; Michael L. Montandon, Mayor of the City of North Las Vegas; Robert L. Eliason, Councilmember Ward 1; William E. Robinson, Mayor Pro Tempore and Councilmember Ward 2; Stephanie S. Smith, Councilmember Ward 3; and Shari Buck, Councilmember Ward 4, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of The State of Nevada, in and for the COUNTY OF CLARK, and the Honorable Mark R. Denton, District Judge, Respondents, and Check City Partnership, LLC, a Nevada Limited Liability Company, D/B/A Check City; and Mesa Investments, LLC, Real Parties in Interest.

Supreme Court of Nevada.

December 21, 2006.

Attorney(s) appearing for the Case

Schreck Brignone and Todd L. Bice and Nathan T.H. Lloyd, Las Vegas, for Petitioners.

Newman Morris & Dachelet, Ltd., and David W. Dachelet and Craig S. Newman, Las Vegas, for Real Parties in Interest.

Before the Court En Banc.

OPINION

HARDESTY, J.

This original petition for a writ of mandamus or prohibition concerns a district court order that granted writs of prohibition and mandamus after an administrative appeal was taken from a special use permit decision, and it raises several important issues. Preliminarily, we determine whether NRS 2.090(2) allows a party to immediately appeal from an interlocutory order granting mandamus relief, thereby precluding writ relief. Because...

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