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MESAGATE HOA v. CITY OF FERNLEY

No. 50994.

194 P.3d 1248 (2008)

MESAGATE HOMEOWNERS' ASSOCIATION, an Unincorporated Association; David C. Mathewson; Sandra K. Mathewson; Shirley G. Fraser; Jack R. Knowles; and Mary Knowles, Appellants, v. CITY OF FERNLEY, a Political Subdivision of the State of Nevada; and Randy A. Rudy, Building Official for the City of Fernley, Respondents.

Supreme Court of Nevada.

October 30, 2008.

Attorney(s) appearing for the Case

Thomas J. Hall, Reno, for Appellants.

Stephen J. McGowan, Fernley; Taggart & Taggart, Ltd., and Paul G. Taggart and Joseph C. Reynolds, Carson City, for Respondents.

BEFORE HARDESTY, PARRAGUIRRE and DOUGLAS, JJ.

OPINION

By the Court, PARRAGUIRRE, J.:

Appellants, David and Sandra Mathewson, Jack and Mary Knowles, and Shirley Fraser—all of whom own property along Mesa Drive—and the Mesagate Homeowners' Association (collectively "Mesagate") petitioned the district court for a writ of mandamus revoking respondent City of Fernley's building permit for a water treatment plant. The district court denied Mesagate's writ petition, concluding that Mesagate...

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