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CITY OF MESQUITE v. EIGHTH JUD DIST. COURT

No. 75743.

445 P.3d 1244 (2019)

135 Nev. Adv. Opn. 33

CITY OF MESQUITE, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Gloria Sturman, District Judge, Respondents, and Douglas Smaellie, Real Party in Interest.

Supreme Court of Nevada.

FILED August 1, 2019.

Attorney(s) appearing for the Case

Erickson Thorpe & Swainston, Ltd., and Rebecca Bruch and Charity F. Felts , Reno, for Petitioner.

Law Office of Daniel Marks and Daniel Marks and Adam Levine , Las Vegas, for Real Party in Interest.

Allison MacKenzie, Ltd., and S. Jordan Walsh , Carson City, for Amici Curiae Carson City School District, City of Sparks, Eureka County School District, Humboldt County, Humboldt County School District, Lander County School District, Lincoln County School District, Lyon County, and Truckee Meadows Water Authority.

Steven B. Wolfson , District Attorney, and Scott Davis , Deputy District Attorney, Clark County, for Amicus Curiae Clark County.

Mark Jackson , District Attorney, and Douglas Ritchie , Chief Deputy District Attorney, Douglas County, for Amicus Curiae Douglas County.

BEFORE THE COURT EN BANC.

OPINION

The question presented in this petition is what statute of limitations applies to a local government employee's complaint alleging both that the employer breached the collective bargaining agreement and that the union breached its duty of fair representation. The district court applied the six...

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