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OXBOW CONSTR. v. EIGHTH JUD. DIST. CT.

Nos. 61558, 61941.

335 P.3d 1234 (2014)

OXBOW CONSTRUCTION, LLC, A Nevada Limited Liability Company, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and the Honorable Allan R. Earl, District Judge, Respondents, and The Regent at Town Centre Homeowners' Association, A Nevada Nonprofit Corporation, Real Party in Interest. The Regent at Town Centre Homeowners' Association, A Nevada Nonprofit Corporation, Petitioner, v. The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark; and the Honorable Allan R. Earl, Respondents, and Oxbow Construction, LLC, A Nevada Limited Liability Company, Real Party in Interest.

Supreme Court of Nevada.

October 16, 2014.

Attorney(s) appearing for the Case

Koeller Nebeker Carlson & Haluck, LLP, and Robert C. Carlson, Jr. , and Megan K. Dorsey , Las Vegas, for Oxbow Construction, LLC.

Feinberg Grant Mayfield Kaneda & Litt, LLP, and Bruce Mayfield and Daniel H. Clifford , Las Vegas, for The Regent at Town Centre Homeowners' Association.

BEFORE THE COURT EN BANC.

OPINION

By the Court, DOUGLAS, J.:

In this opinion, we consider several issues raised by consolidated writ petitions arising out of a construction-defect action. Specifically, we address whether the district court acted arbitrarily or capriciously by failing to perform an NRCP 23 class-action analysis, determining that previously occupied units in a common-interest community do not qualify for NRS Chapter...

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