CITY OF LAS VEGAS v. 180 LLC (2019)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus or prohibition challenges a district court order denying a motion for judgment on the pleadings.

Having considered the petition and supporting documents, we conclude that our extraordinary intervention in this matter is not warranted at this time. Generally, this court will not consider writ petitions that challenge a district court order denying a motion for judgment on the pleadings. See Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344, 950 P.2d 280, 281 (1997) (addressing petitions challenging orders denying motions to dismiss or motions for summary judgment). Here, petitioner has not demonstrated that any exception to the general rule exists. The district court explained that it was unable to conclude, as a matter of law and at the pleading stage, that real party in interest could not prevail on any of its inverse condemnation claims. The court noted that real party in interest asserted both a property interest and that events occurring after the petition for judicial review time frame led to inverse condemnation, and the court also pointed to alleged facts indicating that exhaustion was met or futile. In light of the early procedural stage of this case and the disputed factual and legal conclusions at issue, we decline to exercise our discretion to intervene. Accordingly, we

ORDER the petition DENIED.¹

FOOTNOTES

1.   In light of this order, petitioner's emergency motion for a stay is denied as moot.