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SO. CALIFORNIA EDISON v. JUDICIAL DIST. CT.

No. 55228.

255 P.3d 231 (2011)

SOUTHERN CALIFORNIA EDISON, Petitioner, v. The FIRST JUDICIAL DISTRICT COURT OF the STATE OF NEVADA, in and for Carson City, and the Honorable James Todd Russell, District Judge, Respondents, and The State of Nevada, Department of Taxation, Real Party in Interest.

Supreme Court of Nevada.

May 26, 2011.

Attorney(s) appearing for the Case

Norman J. Azevedo , Carson City; O'Melveny & Myers LLP and Charles C. Read , Christopher W. Campbell , and Ryan M. Austin , Los Angeles, CA, for Petitioner.

Catherine Cortez Masto , Attorney General, and Gina C. Session , Chief Deputy Attorney General, Carson City, for Real Party in Interest.

David J. Roger , District Attorney, and Paul D. Johnson , Deputy District Attorney, Clark County, for Amicus Curiae Clark County.

Legislative Counsel Bureau Legal Division and Brenda J. Erdoes , Legislative Counsel, and William L. Keane , Senior Principal Deputy Legislative Counsel, Carson City, for Amicus Curiae Legislature of the State of Nevada.

McDonald Carano Wilson LLP and Debbie Leonard and Jeffrey A. Silvestri , Las Vegas, for Amici Curiae Nevada Taxpayers Association, Nevada Manufacturers Association, and Council on State Taxation.

Before the Court En Banc.

OPINION

By the Court, DOUGLAS, C.J.:

In this writ proceeding, we are asked to clarify the proper method of challenging the refund claim decisions of the Nevada Tax Commission. Specifically, the parties dispute whether such challenges should be through an independent civil action in which the district court's review is de novo, or through a petition for judicial review, which provides for a more deferential review of the Commission's decision. While...

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