Opinion
No. 61461.
08-15-2012
NORTH AMERICAN PROPERTIES, A Partnership Composed of Timothy S. Heers; Gary R. Heers; Cheryl D. Nolte; Terrie D. Heers; and Cathleen J. Heers, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and The Honorable Jerome T. Tao, District Judge, Respondents, and McCarran International Airport; and Clark County, A Political Subdivision of the State of Nevada, Real Parties in Interest.
John Peter Lee Ltd. Brownstein Hyatt Farber Schreck, LLP/Las Vegas
John Peter Lee Ltd.
Brownstein Hyatt Farber Schreck, LLP/Las Vegas
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original petition for a writ of mandamus, or alternatively, prohibition, challenges a district court order denying a motion to stay the district court proceedings.
A writ of mandamus is available to compel the performance of an act that the law requires or to control an arbitrary or capricious exercise of discretion. NRS 34.160 ; International Game Tech. v. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). A writ of prohibition may be warranted when the district court exceeds its jurisdiction. NRS 34.320. Whether a petition for mandamus or prohibition relief will be considered is purely discretionary with this court. Smith v. District Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). It is petitioner's burden to demonstrate that our extraordinary intervention is warranted. Pan v. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having considered the petition, we conclude that our intervention by way of extraordinary relief is not warranted. Smith, 107 Nev. at 677, 818 P.2d at 851; NRAP 21(b)(1). Accordingly, we
Petitioner's emergency motion for a stay of the district court proceedings is denied as moot in light of this order.