LAS VEGAS PAVING CORPORATION v. Stacey Terry et al., Real Parties in Interest. (2026)

ORDER DENYING PETITION

This is an original petition for a writ of mandamus, prohibition, or advisory mandamus challenging a district court order granting partial summary judgment in a negligence matter. A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, NRS 34.160, or to control an arbitrary or capricious exercise of discretion, Int'l Game Tech., Inc. v. Second Jud. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Advisory mandamus may be appropriate where “an important issue of law needs clarification and considerations of sound judicial economy and administration militate in favor of granting the petition.” Id. at 197-98, 179 P.3d at 559. A writ of prohibition arrests the proceedings of a tribunal that is acting in excess of, or without, jurisdiction. NRS 34.320. The decision to entertain a petition for extraordinary writ relief is within our sole discretion, and the petitioner has the burden of demonstrating that such relief is warranted. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having considered the petition and the supporting documents, we conclude that petitioner has not carried its burden of demonstrating that extraordinary relief is warranted. Accordingly, we

ORDER the petition DENIED.¹

FOOTNOTES

1.   In light of this order, we deny the motion for leave to file an amicus brief filed by the Laborers International Union of North America Local 872. The clerk of this court shall strike the amicus brief filed on July 24, 2026.