Fed. Housing Fin. Agency v. Dist. Ct. (Westland Liberty Vill., Llc) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
FEDERAL HOUSING FINANCE No. 84573
AGENCY, IN ITS CAPACITY AS
CONSERVATOR FOR THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION;
AND FEDERAL NATIONAL MORTGAGE FILE
ASSOCIATION,
NOV 111 '2072
Petitioners,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA, IN
AND FOR THE COUNTY OF CLARK;
AND THE HONORABLE MARK R.
DENTON, DISTRICT JUDGE,
Respondents,
and
WESTLAND LIBERTY VILLAGE, LLC;
WESTLAND VILLAGE SQUARE, LLC;
AMUSEMENT INDUSTRY, INC.;
WESTLAND CORONA LLC; WESTLAND
AMBER RIDGE LLC; WESTLAND
HACIENDA HILLS LLC; 1097 NORTH
STATE, LLC; WESTLAND TROPICANA
ROYALE LLC; VELLAGIO APTS OF
WESTLAND LLC; THE ALEVY FAMILY
PROTECTION TRUST; WESTLAND
AMT, LLC; AFT INDUSTRY NV, LLC;
AND A&D DYNASTY TRUST,
Real Parties in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges a
district court order denying a motion to dismiss. Having considered the
petition, answer, reply, and record, we conclude that our extraordinary and
discretionary intervention is not warranted. See NRS 34.160; NRS 34.170;
Int'l Game Tech., Inc. v. Second Judicial Dist. Cou,rt, 124 Nev. 193, 197, 179
P.3d 556, 559 (2008); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228,
SUPREME COURT
OF 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674,
NEVADA
(0) 1947A
22- 55pLk
677, 679, 818 P.2d 849, 851, 853 (1991). In particular, interlocutory writ
relief is generally not available because the district court's order may be
challenged on appeal from final judgment, providing an adequate legal
remedy. See Int'l Game Tech., 124 Nev. at 197, 179 P.3d at 559. And we
conclude that petitioners have not shown that we should consider the
petition on the grounds that either (1) there's no factual dispute and the
district court was clearly obligated to dismiss pursuant to a statute or rule
or (2) an important legal issue requires clarification and judicial economy
favors entertaining the petition. See id. at 197-98, 179 P.3d at 559.
Accordingly, we
ORDER the petition DENIED.'
p ,,1.6.•44.10' :.N
Parraguirre ',,,,i
C.J. / Act, x
Hardesty
J.
J.
Stiglich Cadish
Ada,. J.
Pickering Herndon
cc: Hon. Mark R. Denton, District Judge
Fennemore Craig P.C./Reno
Snell & Wilmer, LLP/Las Vegas
Snell & Wilmer, LLP/Reno
Arnold & Porter Kaye Scholer LLP/Washington DC
Cooper & Kirk PLLC/Wash DC
Campbell & Williams
Law Offices of John Benedict
John W. Hofsaess
Eighth District Court Clerk
'The Honorable Abbi Silver having retired, this matter was decided
SUPREME COURT by a six-justice court.
OF
NEVADA
2
(0) I947A