From Casetext: Smarter Legal Research

City of Las Vegas v. Bailey

Supreme Court of Nevada
Dec 30, 1976
558 P.2d 622 (Nev. 1976)

Opinion

No. 8643

December 30, 1976

Appeal and cross-appeal from Eighth Judicial District Court, Clark County; Paul S. Goldman, J.

Carl E. Lovell, Jr., Las Vegas City Attorney, for Appellants and Cross-Respondents.

Oshins, Brown Singer, Chartered, and George Spizzirri, Las Vegas, for Respondents and Cross-Appellants.


OPINION


Respondents sought and obtained, in the district court, an extraordinary writ of mandamus against the City of Las Vegas. The City ignored the writ; and, in ancillary proceedings to compel compliance, the district court found, as fact, "bad faith conduct" on the part of the City because of its willful and deliberate failure to obey the lawful and unchallenged writ.

Special damages, in the form of an attorney's fee, were awarded respondents for the legal work which the "bad faith conduct" necessitated. The City has appealed.

We are not persuaded by the record, nor the briefs submitted by the City, that in this factual setting, the award of damages constituted reversible error. See American Fed. Musicians v. Reno's Riverside, 86 Nev. 695, 475 P.2d 221 (1970). Accordingly, we affirm. See also: Holland Livestock v. B C Enterprises, 92 Nev. 473, 553 P.2d 950 (1976); City of Las Vegas v. Cragin Industries, 86 Nev. 933, 478 P.2d 585 (1970); Swallow Ranches, Inc. v. Bidart, 525 F.2d 995 (9th Cir. 1975).

Although respondents filed a cross-appeal, which contended they were entitled to additional fees, they have advanced neither relevant nor authoritative argument on their behalf; therefore, the cross-appeal is dismissed.


Summaries of

City of Las Vegas v. Bailey

Supreme Court of Nevada
Dec 30, 1976
558 P.2d 622 (Nev. 1976)
Case details for

City of Las Vegas v. Bailey

Case Details

Full title:THE CITY OF LAS VEGAS, A MUNICIPAL CORPORATION; BOARD OF COMMISSIONERS OF…

Court:Supreme Court of Nevada

Date published: Dec 30, 1976

Citations

558 P.2d 622 (Nev. 1976)
558 P.2d 622

Citing Cases

Anderson v. Weise

The award was permissible. City of Las Vegas v. Bailey, 92 Nev. 756, 558 P.2d 622 (1976); Pearson v. Clucas,…