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WESTPARK OWNERS' ASS'N v. DIST. CT.

No. 48664.

167 P.3d 421 (2007)

WESTPARK OWNERS' ASSOCIATION, a nonprofit corporation, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, in and for the COUNTY OF CLARK, and the Honorable Nancy M. Saitta, District Judge, Respondents, and Westpark Associates, LLC, a Nevada Limited Liability Company; and Oxbow Construction, LLC, a Nevada Limited Liability Company, Real Parties in Interest.

Supreme Court of Nevada.

September 20, 2007.

Attorney(s) appearing for the Case

Feinberg Grant Mayfield Kaneda & Litt, LLP, and Bruce G. Mayfield, Roger J. Grant, Charles M. Litt, and Daniel H. Clifford, Las Vegas, for Petitioner.

Ellis & Gordon and Aviva Y. Gordon, Las Vegas, for Real Parties in Interest.

BEFORE THE COURT EN BANC.

OPINION

By the court, MAUPIN, C.J.:

This case comes to us by way of an original petition for a writ of mandamus or prohibition. In granting this petition in part, we consider and determine the scope of Nevada's residential constructional defect statutes, contained within NRS Chapter 40 from NRS 40.600 through NRS 40.695. In general, this legislation sets forth rights and remedies of homeowners, developers, and building contractors when disputes over...

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