State, Dep't. of Health and Human Serv's. v. Dist. Ct. (Samantha Inc.) ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
THE STATE OF NEVADA No. 67423
DEPARTMENT OF HEALTH AND
HUMAN SERVICES, DIVISION OF
PUBLIC AND BEHAVIORAL HEALTH,
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
FILED
IN AND FOR THE COUNTY OF JAN 2 2 2016
CLARK; AND THE HONORABLE
TRACIE K UNDEMAN
DOUGLAS SMITH, DISTRICT JUDGE, CLERK OF SUPREME COURT
By •
Respondents, OEPUT CLERK
and
SAMANTHA INC., D/B/A SAMANTHA'S
REMEDIES, A DOMESTIC
CORPORATION,
Real Parties in
Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus or
prohibition challenging a district court order denying a motion to dismiss
a petition for judicial review of the denial of an application to operate a
medical marijuana dispensary. Having considered the petition, answer,
reply, and oral argument, we conclude that this court's intervention by
way of extraordinary relief is not warranted at this time. See Smith v.
Eighth Judicial Din, Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991)
SUPREME COURT
OF
NEVADA
(0) 1947A e
140-02320
(providing that it is within this court's discretion whether to consider a
writ petition). Accordingly, we deny the petition.
It is so ORDERED.'
, C.J.
Parraguirre
Hardesty
J.
Saitta
Gibbons
cc: Hon. Douglas Smith, District Judge
Attorney General/Carson City
Attorney General/Las Vegas
Cooper Levenson, P.A.
Eighth District Court Clerk
'The motion for supplemental briefing filed on December 7, 2015, is
denied as moot.
SUPREME COURT
OF
NEVADA
0)) 194Th e
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