Bank v. Goodman ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
STEVEN J. BANK, EX REL. EFREN No. 84497
GONZALEZ-RIVERA,
Petitioner,
vs. FIL
MAYOR CAROLYN GOODMAN; AND
CITY OF LAS VEGAS CITY COUNCIL, APR 0 6 2022
Res • ondents. ELIZAETTH A. BROWN
CLERK a F SUPREME COURT
BY
OE
ORDER DENYING EMERGENCY PETITION
FOR WRIT OF MANDA.MUS OR PROHIBITION
This is an emergency, pro se, original petition for a writ of
mandamus or prohibition seeking to preclude the City Council from
considering and/or approving a rezoning request.'
Having considered the petition and supporting documents, we
conclude that petitioner has not demonstrated that our extraordinary and
discretionary intervention is warranted. See Pan v. Eighth Judicial Dist.
Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial
Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991).
Generally, challenges to final administrative zoning decisions must be made
in the district court in the first instance. See Kay v. Nunez, 122 Nev. 1100,
1105, 146 P.3d 801, 805 (2006); Round Hill Gen. Improvement Dist. v.
Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981). Further, non-
attorneys may not represent another person's interests before this court,
'Although petitioner's affidavit was not notarized, it appears that he
otherwise meets the NRAP 24 requirements, and we therefore grant his
motion to proceed in forma pauperis and waive the filing fee. NRAP 21(e).
SUPREME COUFIT
OF
NEVADA
lOp 1947A
01.3- )07150
Guerin v. Guerin, 116 Nev. 210, 214, 993 P.2d 1256, 1258 (2000), and writ
petitions must name and be served on all real parties in interest, NRAP
21(a)(2). Finally, petitioner's NRAP 27(e) certificate fails to meet the
requirements of that rule, TRP Fund VI, LLC v. PHH Mortg. Corp., 138
Nev., Adv. Op. 21, P.3d (2022), and his failure to provide proof of
service constitutes an additional basis on which to deny relief. Accordingly,
we
ORDER the petition DENIED.
.J.
Parrakuirre
AG--t J.
Hardesty
lealsau.0 J.
Stiglich
cc: Efren Gonzalez-Rivera
Steven J. Bank
Carolyn Goodman
City of Las Vegas City Council
SUPREME COURT
OF
NEVADA
2
1947A ,giWia,