VIRGIN VALLEY WATER DISTRICT v. PARADISE CANYON LLC (2023)

ORDER DENYING PETITION FOR EXTRAORDINARY WRIT RELIEF

This emergency petition for extraordinary writ relief challenges an April 27, 2023, district court order setting forth facts established for trial. Petitioner has also filed an emergency motion for stay, to which real party in interest has filed an opposition.

Having reviewed the petition and supporting documents, we conclude that our extraordinary and discretionary intervention is not warranted. See Pan v. Eighth Judicial Dist. Court, 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 Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Writ relief is available only when there is no plain, adequate, and speedy legal remedy, and here, with trial underway, petitioner has an adequate legal remedy in the form of an appeal from the final judgment. See Pan, 120 Nev. at 224, 88 P.3d at 841; NRS 34.170; NRS 34.330, see also Archon Corp. v. Eighth Judicial Dist. Court, 133 Nev. 816, 819, 407 P.3d 702, 706 (2017) (examining the propriety of entertaining petitions for writ relief when an appeal is available). Accordingly, we

ORDER the petition DENIED.¹

Cadish, J.

Pickering, J.

Bell, J.

FOOTNOTES

1.   In light of this order, petitioners emergency motion for stay is denied as moot.