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BEAZER HOMES HOLDING CORP. v. DIST. CT.

No. 57187.

291 P.3d 128 (2012)

BEAZER HOMES HOLDING CORP., Petitioner, v. The Eighth Judicial DISTRICT COURT of the State of Nevada, in and for the County Of Clark; and The Honorable Susan Johnson, District Judge, Respondents, and View of Black Mountain Homeowners' Association, Inc., Real Party in Interest.

Supreme Court of Nevada.

December 27, 2012.

Attorney(s) appearing for the Case

Koeller Nebeker Carlson & Haluck, LLP, and Robert C. Carlson and Megan K. Dorsey , Las Vegas, for Petitioner.

Feinberg Grant Mayfield Kaneda & Litt, LLP, and Bruce G. Mayfield , Daniel H. Clifford , and Charles M. Litt , Las Vegas, for Real Party in Interest.

Thomas & Springberg, P.C., and Andrew J. Thomas , Las Vegas, for Amicus Curiae Nevada Justice Association.

BEFORE THE COURT EN BANC.

OPINION

By the Court, DOUGLAS, J.:

This writ petition arises from construction-defect litigation between a homeowners' association and a developer. In it, the developer challenges the district court's decision to allow the association to proceed in a purely representative capacity without strictly meeting NRCP 23's class action requirements, as set forth in D.R. Horton v. District Court (First Light II), 125 Nev. 449, 215 P...

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