Opinion
No. 63544
04-16-2015
VEGAS 1-DECATUR, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellant, v. THE STATE OF NEVADA DEPARTMENT OF BUSINESS AND INDUSTRY, HOUSING DIVISION, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a district court order dismissing a petition for judicial review in a housing tax credit matter. Eighth Judicial District Court, Clark County; Elissa F. Cadish, Judge.
Having considered the parties' arguments and the appendix, we conclude that the district court did not abuse its discretion in determining that appellant's calendaring error did not constitute good cause so as to warrant enlarging the time to file the opening brief. NRS 233B. 133(1), (6) (giving the district court discretion to extend for good cause the time allowed for filing briefs on judicial review); cf. Dougan v. Gustaveson, 108 Nev. 517, 520, 835 P.2d 795, 797 (1992) (concluding that a calendaring mistake did not constitute good cause to justify untimely service of process), abrogated on other grounds by Arnold v. Kip, 123 Nev. 410, 168 P.3d 1050 (2007). Nothing in the record indicates that the district court ignored the other circumstances that appellant asserts that it raised below. Furthermore, we have considered appellant's other arguments and conclude that they lack merit. See Moseley v. Eighth Judicial Dist. Court, 124 Nev. 654, 668 n.66, 188 P.3d 1136, 1146 n.66 (2008) (explaining the distinction between good cause and excusable neglect). Accordingly, finding no abuse of discretion, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Hardesty
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
cc: Hon. Elissa F. Cadish, District Judge
Michael H. Singer, Settlement Judge
Pengilly Law Firm
Robison Belaustegui Sharp & Low
Eighth District Court Clerk