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United States Court Cases

Nevada Supreme/Appellate Court Record

GARVIN VS. DISTRICT COURT (NEVADA NORTHWEST)

Case Information: 40144
Short Caption:GARVIN VS. DISTRICT COURT (NEVADA NORTHWEST)Court:Supreme Court
Lower Court Case(s):Douglas Co. - Ninth Judicial District - 02CV0205Classification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:11/12/2002 at 10:00 AMOral Argument Location:Carson City
Submission Date:11/12/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/03/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from John H. Garvin--check no. 360.
09/03/2002Petition/WritFiled Petition for Writ of Mandamus or Prohibition. Application for Writ of Mandamus, Affidavit in Support Thereof, and Points and Authorities; or in the Alternative for a Writ of Prohibition. 02-15152
09/03/2002Petition/WritFiled Exhibits to Petition for Writ. Appendix to Application for Writ of Mandamus, Volumes 1 and 2. 02-15153
09/03/2002MotionFiled Motion. Motion for Expedited Decision or Hearing on Application for Writ of Mandamus. 02-15154
09/05/2002Order/ProceduralFiled Order/Answer Writ Petition. Staying District Court Order and Directing Answer. We deny petitioners' motion to expedite. We also stay the district court's order in Case No. 02CV0205, which issued a writ of mandate and directed the Douglas County Clerk to ensure that any question resulting from the sustainable growth initiative not appear on the 2002 election ballot, or any election ballot thereafter. The Douglas County Board of County Commissioners' approval of the initiative's placement on the November 2002 ballot is therefore effective. The real party in interest, on behalf of respondents, shall have 30 days from the date of this order within which to file an answer, including authorities, against issuance of the requested writ. 02-15320
09/11/2002MotionFiled Motion. Motion for Order for Relief from Stay. 02-15792
09/11/2002MotionFiled Motion. Motion to Expedite. 02-15793
09/12/2002MotionFiled Response to Motion. County's Response to Motions for Order for Relief from Stay and to Expedite. 02-15860
09/12/2002Petition/WritFiled Answer to Petition for Writ. Response by Douglas County, Douglas County Board of Commissioners and Douglas County Clerk-Treasurer Barbara Reed to the Application for a Writ of Mandamus or in the Alternative for a Writ of Prohibition. 02-15861
09/12/2002AppendixFiled Appendix. County's Appendix. 02-15862
09/13/2002MotionFiled Response to Motion. Answer to Motior for Order for Relief from Stay. 02-15957
09/16/2002Order/ProceduralFiled Order. Granting Motion to Expedite and Denying Motion to Vacate Stay. We grant the motion to expedite, since the ballots must go to the printer on September 17, 2002; however, we deny the motion to vacate our stay. (En Banc-Maupin, C.J., dissenting.) 02-16090
09/17/2002Petition/WritFiled Answer to Petition for Writ. Real Party in Interest Nevada Northwest, LLC. 02-16177
09/18/2002MotionFiled Motion. Motion to Expedite. 02-16263
09/19/2002MotionFiled Response to Motion. County's Response to Motion to Expedite. 02-16303
09/20/2002MotionFiled Response to Motion. Answer to Motion to Expedite. 02-16403
09/20/2002MotionFiled Motion. Motion for Leave to Reply and for Oral Argument. 02-16404
10/10/2002Order/ProceduralFiled Order Granting Motion. We grant petitioner's motion to file a reply. Petitioners shall have seven calendar days from the date of this order within which to file a reply. Fn1[We defer ruling on Nevada Northwest's motion to expedite the writ petition and on petitioner's motion for oral argument.] 02-17575
10/17/2002MotionFiled Reply to Response. Reply to Answer and Response. 02-18078
10/17/2002AppendixFiled Appendix. Appendix to Reply. 02-18079
10/21/2002MotionFiled Motion to Strike. Strike certain portions of Petitioner's Reply to Answer and Response and Appendix to Reply. 02-18208
10/23/2002Notice/IncomingFiled Joinder. Joinder in Motion to Strike. 02-18360
11/04/2002Order/ProceduralFiled Order Granting Motion. for Oral Argument. Having reviewed the parties' submissions, we conclude that oral argument would assist us in our deliberations. We grant petitioners' motion and direct the clerk of this court to schedule this matter on the court's November 12, 2002 en banc oral argument calendar at 10:00 a.m. for 30 minutes. In addition, to the extent that our schedule permits, we grant Nevada Northwest's motion to expedite our decision in this matter. 02-18988
11/05/2002MotionFiled Motion. Application for Change of Attorney, or in the Alternative, Request for Postponement of Oral Argument. 02-19084
11/05/2002MotionFiled Motion. Motion to Expedite Application for Change of Attorney, or in the Alternative, Request for Postponement of Oral Argument. 02-19086
11/07/2002Order/ProceduralFiled Order Granting Motion. On November 5, 2002, petitioners, through their counsel Patricia D. Cafferata, filed a motion for change of attorney or, in the alternative, to continue oral argument. The motion is also signed by attorney William J. Shaw who, above his signature line, states that he "accept[s] the change of attorney and agree[s] to appear on behalf of the petitioners." We grant petitioners' motion for change of attorney. The clerk of this court shall modify the docket in this matter to reflect that petitioners are represented by attorney William J. Shaw. The oral argument of this matter shall remain scheduled for November 12, 2002, at the hour of 10:00 a.m. 02-19260
11/12/2002Case Status Update Submitted for Decision.
12/17/2002Opinion/DispositionalFiled Per Curiam Opinion. "Petition granted." fn2[We note that although the election has ended, this writ petition is not moot because the initiative's threshold validity falls within an exception of the mootness doctrine for matters that are capable of repetition, yet evading review.] We vacate our stay and we grant the petition; the clerk of this court shall issue a writ of mandamus directing the district court to vacate its August 20, 2002 order in its entirety. fn76[We deny Nevada Northwest and the County's motion to strike portions of the reply and reply appendix.] Before the En Banc Court. Per Curiam. 118 Nev. Adv. Opn. No. 76. En Banc-Maupin, J. concurring. 02-21557
12/17/2002WritIssued Writ. Original and one copy of writ and copy of opinion mailed to Patricia D. Cafferata for service upon Judge David R. Gamble. 02-21592
12/23/2002WritFiled Writ. Served on Judge Gamble on December 23, 2002. 02-21592
12/23/2002MotionFiled Motion. Application for Fees and Costs. 02-21961
12/30/2002MotionFiled Response to Motion. Opposition to Application for Fees and Costs. 02-22157
01/03/2003Other Other. Filed Supplemental Memorandum in Support of Application for Fees and Costs. 03-00156
01/06/2003Filing Fee Filing Fee due.
01/06/2003Post-Judgment PetitionFiled Petition for Rehearing. 03-00245
01/06/2003Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. (Rehearing fee.) Due Date: 10 days
01/06/2003MotionFiled Motion. Motion for Leave by Nevada Chapter of the Associated General Contractors, Las Vegas Chaper of the Associated General Contractors, Builders Association of Northern Nevada, and Economic Development Authority of Western Nevada to File Petition for Rehearing as Amicus Curiae. 02/21/03 ORDER: DETACHED PETITION FROM REHEARING FROM THE MOTION FILEDJANUARY 6, 2003, AND RETURNED UNFILED. 03-00248
01/07/2003Filing FeeReceived Filing Fee Paid on Filing. $100 from Scarpello, Huss & Oshkinski-check no. 21395.
02/21/2003Post-Judgment OrderFiled Order/Rehearing Denied. Order Denying Motion for Fees and Costs, Motion for Leave to file Rehearing Petition as Amici Curiae, and Petition for Rehearing. Following publication of our decision by opinion published December 17, 2002, the initiative proponents moved for an award of fees and costs, four nonparty entities moved for leave to file a rehearing petition as amici curiae and Nevada Northwest filed a rehearing petition. We deny each of these requests for relief. We deny the nonparty entities' motion for leave to file a rehearing petition as amici curiae. Allowing amici to file a rehearing petition in this matter would not help us in considering the rehearing petition filed by the real parties in interest. fn6[We direct the clerk of this court to return, unfiled, the rehearing petition submitted provisionally with the motion.] "We deny Nevada Northwest's petition for rehearing." fn7[The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] EN BANC 03-02938
02/21/2003Notice/OutgoingIssued Letter. to attorney Paul J. Georgeson. Returned unfiled, the original "Petition for Rehearing by Amici Curiae Nevada Chapter of the Associated General "Contractors, Las Vegas Chapter of the Associated General Contractors, Builders Association of Northern Nevada, and Economic Development Authority of Western Nevada" received January 6, 2003.
03/18/2003RemittiturIssued Notice in Lieu of Remittitur. 03-04543
03/18/2003Case Status Update Remittitur Issued/Case Closed.