Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Dykema V. Del Webb Communities, Inc., 132 Nev. Adv. Op. 82 (Dec. 29, 2016), Christopher Giddens Dec 2016

Dykema V. Del Webb Communities, Inc., 132 Nev. Adv. Op. 82 (Dec. 29, 2016), Christopher Giddens

Nevada Supreme Court Summaries

The Court determined that a notice of completion’s recording date—not the date on which the notice is signed and notarized—signifies when the notice is “issued” to trigger “substantial completion” under NRS 11.2055(1)(b) for NRS Chapter 11’s construction defect statutes of repose.


Pacific Western Bank V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 78 (Nov. 3, 2016), Margarita Elias Nov 2016

Pacific Western Bank V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 78 (Nov. 3, 2016), Margarita Elias

Nevada Supreme Court Summaries

The Court concluded that funds contained in financial accounts under 26 U.S.C. § 529 (“529 accounts”) constitute a debt and that these funds are subject to execution and garnishment in Nevada despite their physical location elsewhere. Specifically, the Court adopted Section 68 of the Restatement (Second) of Conflict of Laws and concluded that funds contained in 529 accounts are a debt, not a chattel.


Bank Of Nevada V. Petersen, 132 Nev. Adv. Op. 64 (Aug. 12, 2016), Kristopher Kalkowski Aug 2016

Bank Of Nevada V. Petersen, 132 Nev. Adv. Op. 64 (Aug. 12, 2016), Kristopher Kalkowski

Nevada Supreme Court Summaries

No abstract provided.


Badger V. Eighth Jud. Dist. Ct., F. Shane Jackson May 2016

Badger V. Eighth Jud. Dist. Ct., F. Shane Jackson

Nevada Supreme Court Summaries

The Court considered a petition for a writ of mandamus challenging a district court order denying a motion for summary judgment and a motion to dismiss. Petitioner Darrin D. Badger (“Petitioner”) sought summary judgment in a breach of guaranty action against him and dismissal of a complaint of a deficiency judgment against him in connection with a foreclosure. After the court denied Petitioner’s motions, he filed the instant petition. The Court granted the petition, holding that a party may not use the relation back provision of NRCP 15(c) to circumvent the requirement in NRS 40.455(1) that an application for a …


Horizons At Seven Hills V. Ikon Holdings, 132 Nev. Adv. Op. 35 (Apr. 28. 2016) (En Banc), Lena Rieke Apr 2016

Horizons At Seven Hills V. Ikon Holdings, 132 Nev. Adv. Op. 35 (Apr. 28. 2016) (En Banc), Lena Rieke

Nevada Supreme Court Summaries

The Court determined that (1) a superpriority lien for common expense assessments pursuant to NRS 116.3116(2) does not include collection fees and foreclosure costs incurred by a homeowners’ association; and (2) a superpriority lien in a homeowners association’s covenants, conditions, and restrictions is superseded by NRS 116.3116(2).


Shadow Wood Homeowners Association, Inc.; And Gogo Way Trust V. New York Community Bancorp, Inc. (January 28, 2016), Andrea Orwoll Jan 2016

Shadow Wood Homeowners Association, Inc.; And Gogo Way Trust V. New York Community Bancorp, Inc. (January 28, 2016), Andrea Orwoll

Nevada Supreme Court Summaries

The Court reviewed an appeal from a district court order granting summary judgment to a bank that had lost a condominium in an HOA lien foreclosure sale. The Court held that despite statutory provisions, which seem prohibit overturning an HOA lien foreclosure sale if required recitals are present in the HOA’s trustee deed, there remains a common law power to overturn such foreclosure sales. The Court reaffirmed the principle that, where appropriate, Nevada courts may “grant equitable relief from a defective HOA lien foreclosure sale”—but only when there has been both 1) an inadequate price paid, and 2) fraud or …


Southern Highlands V. San Florentine, 132 Nev. Adv. Op. 3 (Jan. 14, 2016), Kristen Matteoni Jan 2016

Southern Highlands V. San Florentine, 132 Nev. Adv. Op. 3 (Jan. 14, 2016), Kristen Matteoni

Nevada Supreme Court Summaries

Under the plain language of NRS 116.3116(4), “equal priority” is given to multiple HOA liens on the same property when those liens secure unpaid HOA charges and dues. When one lienholder of equal priority forecloses, all other liens are terminated. Nonetheless, all equal priority lienholders share in the foreclosure profit by either being paid in full when able to do so or, if sale profit is inadequate, through a pro-rata share of the proceeds. Thus, because the Foothills and Southern Highlands have equal priority liens, Foothills’ foreclosure terminated Southern Highlands lien, however Southern Highlands is entitled its allotment of the …


Fritz V. Washoe County, 132 Nev. Adv. Op. 57 (Aug. 4, 2016), Jessie Folkestad Jan 2016

Fritz V. Washoe County, 132 Nev. Adv. Op. 57 (Aug. 4, 2016), Jessie Folkestad

Nevada Supreme Court Summaries

This case involved the question of whether a counties’ approval of subdivision maps and street dedications which included a drainage system constituted inverse condemnation where the plaintiff’s property flooded as a result. The Supreme Court of Nevada adopted a six part element test for inverse condemnation, and determined that genuine issues of material fact existed as to whether the County’s actions constituted substantial involvement in the drainage system sufficient to deem it public use.