STATE EX REL DIVISION OF WATER RESOURCES v. LLC LLC LLC (2024)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges a district court order denying a motion to dismiss the underlying takings case or, alternatively, to hold the takings case in abeyance pending resolution of related proceedings.

Having considered the petition and supporting documents, we are not persuaded that our extraordinary intervention is warranted. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to grant relief). Subject to very few exceptions, we generally will not exercise our discretion to entertain writ petitions that challenge orders resolving motions to dismiss. Smith v. Eighth Jud. Dist. Ct., 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997). We decline to deviate from that standard here. NRS 34.170; Pan, 120 Nev. at 224, 88 P.3d at 841. Moreover, petitioners have not demonstrated that the district court manifestly abused its discretion in refusing to stay the proceedings at this time. See Walker v. Second Jud. Dist. Ct., 136 Nev. 678, 680, 476 P.3d 1194, 1196 (2020). Significantly, the district court denied petitioners’ motion “without prejudice to further development of [petitioners’] contentions.” Accordingly, we

ORDER the petition DENIED.¹

FOOTNOTES

1.   In light of this order, petitioners’ emergency motion to stay the district court proceedings is denied as moot.