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Summary Of Einhorn V. Bac Home Loans Servicing, L.P., 128 Nev. Adv. Op. 61, David H. Rigdon Dec 2012

Summary Of Einhorn V. Bac Home Loans Servicing, L.P., 128 Nev. Adv. Op. 61, David H. Rigdon

Nevada Supreme Court Summaries

Appeal from a District Court order finding that BAC Home Loan Servicing, L.P (BAC) met its showing of lack of bad faith during foreclosure mediation and affirming the issuance of a Letter of Certification.


Summary Of In Re: Fontainebleau Las Vegas Holdings, Llc, 128 Nev. Adv. Op. 53, David H. Rigdon Oct 2012

Summary Of In Re: Fontainebleau Las Vegas Holdings, Llc, 128 Nev. Adv. Op. 53, David H. Rigdon

Nevada Supreme Court Summaries

The Court considered three questions certified by the United States Bankruptcy Court for the Southern District of Florida relating to the application of equitable subrogation and enforceability of contractual subordination against mechanics’ lien claimants under Nevada’s mechanics’ and materialmen’s lien statutes, codified in NRS Chapter 108.


Summary Of Gold Ridge Partners V. Sierra Pacific Power Company, 128 Nev. Adv. Op. 47, Adam Tully Oct 2012

Summary Of Gold Ridge Partners V. Sierra Pacific Power Company, 128 Nev. Adv. Op. 47, Adam Tully

Nevada Supreme Court Summaries

The Court considered a motion to remand a case on appeal to the district court. Specifically, the Court weighed whether an eminent domain plaintiff could abandon its claim after the plaintiff paid just compensation and the district court entered a final condemnation order, but before the resolution of a pending appeal. In reaching its conclusions, the Court examined when a “final judgment” for the purposes of N.R.S. § 37.180(1) takes place, when an eminent domain taking is completed under the Constitution,2 and whether a district court maintains limited jurisdiction to dismiss an eminent domain claim on appeal if the plaintiff …


Summary Of Webb V. Shull, 128 Nev. Adv. Op. 8, Brandon Sendall Mar 2012

Summary Of Webb V. Shull, 128 Nev. Adv. Op. 8, Brandon Sendall

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order awarding treble damages for nondisclosure of known property defects, and a cross-appeal of a district court order refusing to find alter ego liability.


Summary Of Holt V. Regional Trustee Services Corp., 127 Nev. Adv. Op. 80, Brandon C. Sendall Dec 2011

Summary Of Holt V. Regional Trustee Services Corp., 127 Nev. Adv. Op. 80, Brandon C. Sendall

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order refusing to enjoin a lender from instituting a second foreclosure action after being denied a Foreclosure Mediation Program certificate in a prior foreclosure action.


Summary Of Chateau Vegas Wine, Inc. V. S. Wine & Spirits, 127 Nev. Adv. Op. 73, Richard A. Andrews Nov 2011

Summary Of Chateau Vegas Wine, Inc. V. S. Wine & Spirits, 127 Nev. Adv. Op. 73, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order granting a permanent injunction in a business tort action.


Summary Of Walters V. Dist. Ct., 127 Nev. Adv. Op. 66, William Habdas Oct 2011

Summary Of Walters V. Dist. Ct., 127 Nev. Adv. Op. 66, William Habdas

Nevada Supreme Court Summaries

The Court reviewed a petition for a writ of mandamus or prohibition. The issue was whether a counterclaim, cross-claim, and written motion setting the grounds for the application and the relief sought satisfied the requirements of NRS Chapter 40 for seeking a deficiency judgment upon a breach of guaranty.


Summary Of G.C. Wallace, Inc. V. Dist. Ct., 126 Nev. Adv. Op. 64, Alan Miller Oct 2011

Summary Of G.C. Wallace, Inc. V. Dist. Ct., 126 Nev. Adv. Op. 64, Alan Miller

Nevada Supreme Court Summaries

The Court examined a petition for a writ of mandamus challenging the district court's jurisdiction on grounds that a failure to raise the issue of damages in a summary eviction proceeding in justice court precluded a landlord from subsequently seeking damages in district court.


Summary Of Gallegos V. Malco Enterprises Of Nevada, 127 Nev. Adv. Op. No. 51, Chelsey Bosworth Aug 2011

Summary Of Gallegos V. Malco Enterprises Of Nevada, 127 Nev. Adv. Op. No. 51, Chelsey Bosworth

Nevada Supreme Court Summaries

An appeal from a district court’s finding that a party cannot assign a judgment debtor’s right of action to a judgment creditor in a proceeding supplementary to the execution of a judgment.


Summary Of Lawrence V. Clark County, 127 Nev. Adv. Op. No. 32, Dan Hill Jul 2011

Summary Of Lawrence V. Clark County, 127 Nev. Adv. Op. No. 32, Dan Hill

Nevada Supreme Court Summaries

Appeal from a district court ruling on the pleadings in a government land dispute action.


Summary Of Leyva V. National Default Services Corp., 127 Nev. Adv. Op. No. 40, Marissa Pensabene Jul 2011

Summary Of Leyva V. National Default Services Corp., 127 Nev. Adv. Op. No. 40, Marissa Pensabene

Nevada Supreme Court Summaries

An appeal from a district court order denying a petition for judicial review in a foreclosure mediation action.


Summary Of Jd Construction V. Ibex Int’L Group, 126 Nev. Adv. Op. No. 36, Nevada Law Journal Oct 2010

Summary Of Jd Construction V. Ibex Int’L Group, 126 Nev. Adv. Op. No. 36, Nevada Law Journal

Nevada Supreme Court Summaries

J.D. Construction, Inc. (“J.D. Construction”) placed a mechanic’s lien on property owned by IBEX International Group, LLC (“IBEX”). IBEX sought to expunge the lien, pursuant to NRS 108.2275, arguing that the lien was frivolous and/or excessive. The district court concluded the lien was excessive and expunged the lien. J.D. Construction appeals.


Summary Of Adaven Mgmt. V. Mountain Falls Acquisition, 124 Nev. Adv. Op. No. 67, Kareema Mitchell Turner Sep 2010

Summary Of Adaven Mgmt. V. Mountain Falls Acquisition, 124 Nev. Adv. Op. No. 67, Kareema Mitchell Turner

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Citizens For Cold Springs V. City Of Reno, 125 Nev. Adv. Op. No. 16, Kristopher Milicevic Oct 2009

Summary Of Citizens For Cold Springs V. City Of Reno, 125 Nev. Adv. Op. No. 16, Kristopher Milicevic

Nevada Supreme Court Summaries

Appeal from a district court’s decision to grant the City of Reno’s motion to dismiss for a failure to state a claim. The question on appeal is whether the Citizens for Cold Springs had standing under NRS 268.668 to challenge a land annexation when they did not own the property being annexed.


Summary Of V & S Railway, Llc V. White Pine County And City Of Ely, 125 Nev. Adv. Op. No. 23, James Conway Jul 2009

Summary Of V & S Railway, Llc V. White Pine County And City Of Ely, 125 Nev. Adv. Op. No. 23, James Conway

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in an eminent domain action that held that appellant’s condemnation action was barred, under NRS 334.030, once governmental agency designated a railroad as surplus government property.('v


Summary Of St. James Village, Inc. V. Cunningham, 125 Nev. Adv. Op. No. 21, Ian Houston Jun 2009

Summary Of St. James Village, Inc. V. Cunningham, 125 Nev. Adv. Op. No. 21, Ian Houston

Nevada Supreme Court Summaries

Appeal from a district court’s order denying declaratory relief to a servient estate owner seeking authorization to unilaterally relocate an easement across its property.


Summary Of Village League V. State, Bd. Of Equalization, 124 Nev. Adv. Op. No. 90, Kristopher Zeppenfeld Oct 2008

Summary Of Village League V. State, Bd. Of Equalization, 124 Nev. Adv. Op. No. 90, Kristopher Zeppenfeld

Nevada Supreme Court Summaries

This is an original petition for a writ of certiorari or mandamus challenging the Nevada State Board of Equalization’s review and remand of the Washoe County Board of Equalization’s determination to equalize certain taxable valuations.


Summary Of Mesagate Homeowners’ Association V. City Of Fernley, 124 Nev. Adv. Op. No. 91, Kelly Stout Oct 2008

Summary Of Mesagate Homeowners’ Association V. City Of Fernley, 124 Nev. Adv. Op. No. 91, Kelly Stout

Nevada Supreme Court Summaries

Appeal from a district court order denying a petition for a writ of mandamus challenging the respondent’s issuance of a building permit for a water treatment plant.


Summary Of Ransdell V. Clark County, 124 Nev. Adv. Op. No. 73, Matthew J. Orme Sep 2008

Summary Of Ransdell V. Clark County, 124 Nev. Adv. Op. No. 73, Matthew J. Orme

Nevada Supreme Court Summaries

Appeal from a district court order dismissing Plaintiff’s complaint of negligence and entering orders of partial summary judgment for other tort and constitutional claims.


Summary Of D.R. Horton, Inc. V. Dist. Ct., 125 Nev. Adv. Op. No. 35, Paul C. Williams Sep 2008

Summary Of D.R. Horton, Inc. V. Dist. Ct., 125 Nev. Adv. Op. No. 35, Paul C. Williams

Nevada Supreme Court Summaries

Developer's (D.R. Horton) petition for a writ of mandamus or writ of prohibition against the Eighth Judicial District Court's denial of the Developer's partial motion for summary judgment.


Summary Of Hamm V. Arrowcreek Homeowner’S Ass’N, 124 Nev. Adv. Op. No. 28, Airene Haze May 2008

Summary Of Hamm V. Arrowcreek Homeowner’S Ass’N, 124 Nev. Adv. Op. No. 28, Airene Haze

Nevada Supreme Court Summaries

Appeal from a district court order dismissing homeowner’s action that sought to release a homeowner’s association lien. Under NRS 383.10, the district court must dismiss any dispute arising from the interpretation, application, or enforcement of homeowner’s associations’ covenants, conditions, and restrictions (CC&R) if the parties did not first submit to mediation or arbitration. This statute, however, does not apply to actions for injunctive relief involving “immediate threat of irreparable harm, or action[s] relating to the title to residential property.”


Summary Of Buzz Stew, Llc V. City Of North Las Vegas, 124 Nev. Adv. Op. 21, Barbra E. Zess Apr 2008

Summary Of Buzz Stew, Llc V. City Of North Las Vegas, 124 Nev. Adv. Op. 21, Barbra E. Zess

Nevada Supreme Court Summaries

A municipality’s announcement of intent to condemn a parcel of land may give rise to a cause of action by the landowner for damages based on an allegation that, under the circumstances, the municipality acted improperly in making the announcement before instituting an eminent domain action.


Summary Of Pankopf V. Peterson, 124 Nev. Adv. Op. 4, Danielle Tarmu Feb 2008

Summary Of Pankopf V. Peterson, 124 Nev. Adv. Op. 4, Danielle Tarmu

Nevada Supreme Court Summaries

Appeal from a district court order dismissing, without prejudice, appellant’s amended complaint for failure to state a claim under NRCP 12(b)(5) to determine whether claims fall within the purview of NRS Chapter 40.


Summary Of Horgan V. Felton, 123 Nev. Adv. Op. No. 53, Krystal Gallagher Nov 2007

Summary Of Horgan V. Felton, 123 Nev. Adv. Op. No. 53, Krystal Gallagher

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Boulder Oaks Cmty. Ass’N V. B & J Andrews Enterprises, 123 Nev. Adv. Op. No. 46 , M. Charles Seaton Nov 2007

Summary Of Boulder Oaks Cmty. Ass’N V. B & J Andrews Enterprises, 123 Nev. Adv. Op. No. 46 , M. Charles Seaton

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Westpark Owners’ Ass’N V. Dist. Ct., 123 Nev. Adv. Op. No. 37, Barbra E. Zess Sep 2007

Summary Of Westpark Owners’ Ass’N V. Dist. Ct., 123 Nev. Adv. Op. No. 37, Barbra E. Zess

Nevada Supreme Court Summaries

Homeowners’ Association’s (Association) petition for a writ of mandamus or prohibition against partial summary judgment, granted by Eighth Judicial District Court, in a declaratory relief action brought by the project developer and contractor (Westpark).j


Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux Dec 2006

Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux

Nevada Supreme Court Summaries

Appeal of a district court order granting a petition for judicial review and reversing a decision of the Nevada State Board of Equalization that affirmed property tax assessments in Washoe County.


Summary Of Linthicum V. Rudi, 122 Nev. Adv. Op. No. 120, Robert Stephens Dec 2006

Summary Of Linthicum V. Rudi, 122 Nev. Adv. Op. No. 120, Robert Stephens

Nevada Supreme Court Summaries

Appeal from an order of the Second Judicial District Court, Washoe County, dismissing plaintiffs’ action regarding an amendment to a revocable inter vivos trust. Moreover, plaintiffs appeal the Second Judicial District Court’s denial of their motion to be appointed as guardians ad litem and the award of attorney fees to the defendant.


Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux Dec 2006

Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux

Nevada Supreme Court Summaries

Appeal of a district court order granting a petition for judicial review and reversing a decision of the Nevada State Board of Equalization that affirmed property tax assessments in Washoe County.


Summary Of Kay V. Nunez, 122 Nev. Adv. Op. No. 94, Michael Hammer Nov 2006

Summary Of Kay V. Nunez, 122 Nev. Adv. Op. No. 94, Michael Hammer

Nevada Supreme Court Summaries

Appeal from a district court order which denied a petition for judicial review and a petition for a writ of mandamus, and challenged the Clark County Board of County Commissioners’ authority to waive development standards.