Coury v. Tran

895 P.2d 650, 111 Nev. 652, 1995 Nev. LEXIS 76
CourtNevada Supreme Court
DecidedMay 25, 1995
Docket23701
StatusPublished
Cited by4 cases

This text of 895 P.2d 650 (Coury v. Tran) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coury v. Tran, 895 P.2d 650, 111 Nev. 652, 1995 Nev. LEXIS 76 (Neb. 1995).

Opinion

*653 OPINION

Per Curiam:

The subject matter of the instant dispute is a 3.05 acre parcel of real property situated on the south end of the Las Vegas Strip. Appellants released a notice of lis pendens it had filed with an action to quiet title to that parcel. Shortly thereafter, respondent Macdel Company purchased the parcel. Then, appellants filed a second notice of lis pendens and filed suit to quiet title in its favor to the disputed parcel of real property. The district court can-celled appellants’ second notice of lis pendens and granted summary judgment to respondents. For reasons discussed hereafter, we affirm the district court’s cancellation of appellants’ second notice of lis pendens and its summary judgment in favor of respondents.

FACTS

The subject matter of the instant dispute is a 3.05 acre parcel of real property (Lot 2) situated on the southern extension of the Las Vegas Strip. That parcel was originally part of a larger 40 acre parcel before it was acquired by the State of Nevada (State) as a highway right-of-way. The remaining 36.95 acres (Lot 1) was eventually purchased by appellants Albert M. and Yvonne Coury (the Courys). 1

The chain of title on Lot 1 serves as the origin of the ownership dispute over Lot 2. In 1965, the then-owner of Lot 1, Sidney Sobin, conveyed Lot 1 to Carl L. Reed, as receiver of Bryant Development Company. The Sobin-Reed deed conveys Lot 1, *654 “EXCEPTING THEREFROM the Westerly 200 feet thereof.” 2 The “westerly 200 feet” of Lot 1 eventually became Lot 2.

During the period that the westerly 200 feet of Lot 1 continued to be maintained as a highway right-of-way, that portion of the property was not assessed and taxed by Clark County. Consequently, AC-5, the Courys, and their predecessors in interest only paid taxes on 36.95 acres of Lot 1. On April 21, 1982, some years after the Courys had acquired Lot 1, the State relinquished and abandoned 3 its highway right-of-way and the Clark County Assessor (Assessor) changed the land description of Lot 1 to include an additional 1.45 acres. 4 For the next two tax years the Courys were assessed and paid taxes on 38.40 acres in Lot 1.

In 1984, the Assessor re-parceled the highway right-of-way and created a new and separate parcel (Lot 2). 5 The new parcel (Lot 2) contained all 3.05 acres of highway right-of-way. The acreage on Lot 1 was simultaneously reduced and once again contained 36.95 acres. Sometime after the second re-parceling, the Clark County Treasurer’s Office (Treasurer) began sending tax notices on Lot 2 to Sidney Sobin. The taxes were not paid. 6 Consequently, the Clark County Tax Receiver executed a tax deed transferring Lot 2 to the Treasurer in lieu of delinquent taxes, interest and penalties. On July 11, 1989, respondent Nhu Thi Tran (Tran) purchased Lot 2 for $37,000.00 at a tax sale conducted by the Treasurer. Six months later, appellants filed a *655 complaint to quiet title to Lot 2 and the first notice of lis pendens in the district court against Tran seeking to quiet title to Lot 2.

Meanwhile, Tran was in the process of negotiating a sale of Lot 2 to respondent Macdel Company (Macdel). In the course of searching the record of title to Lot 2, Chicago Title Company discovered the first lis pendens recorded by appellants. A representative of Chicago Title contacted appellants to inquire about the lis pendens and to notify them that Tran had an offer to buy Lot 2, but that the lis pendens was preventing its sale. On October 17, 1990, appellants voluntarily recorded a Release of Lis Pendens with knowledge that Tran was actively soliciting a buyer. 7 Consequently, the sale in escrow closed and Macdel took title to Lot 2.

Less than six months later, appellants filed a second complaint in the district court seeking a judicial decree quieting title to Lot 2. That action was identical to the action brought in 1990, except that Macdel, Clark County and Clark County’s Assessor and Treasurer were named as additional defendants. 8 On September 16, 1991, nearly one year after Macdel acquired Lot 2, appellants recorded a second lis pendens.

In response, Macdel filed a motion to cancel lis pendens and for summary judgment on the quiet title complaint. Tran joined in Macdel’s motion. On August 10, 1992, the district court can-celled the second lis pendens and granted summary judgment to Tran and Macdel on the quiet title action. This appeal ensued.

LEGAL DISCUSSION

NRS 14.010 requires a plaintiff, at the time of filing a complaint affecting the title or possession of real property, to file a notice of the pendency of the action with the recorder of the county where the real property is situated. NRS 14.010(1). The purpose of recording the lis pendens is to give “constructive notice to a purchaser or encumbrancer of the property affected thereby” that the title to the property is disputed. NRS 14.010(3). When a notice of lis pendens has been voluntarily withdrawn,

each person who thereafter acquires an interest in the property as a purchaser ... for a valuable consideration . . . shall be deemed to be without knowledge of the action or of *656 any matter, claim or allegation contained therein, irrespective of whether the person has or at any time had actual knowledge of the action or of any matter, claim or allegation contained therein.

NRS 14.017(1). The purpose of this statute is “to provide for the absolute and complete transferability of real property after the withdrawal or cancellation of a notice of the pendency of an action affecting the property.” NRS 14.017(2).

The state of New York has a similar law. New York recognizes that the right to record a lis pendens is an extraordinary privilege granted to a litigant by statute. Israelson v. Bradley, 127 N.E.2d 313, 315 (N.Y. 1955). New York also recognizes that once a notice of lis pendens is cancelled a new one cannot be filed upon the same property and same cause of action. Deerfield Bldg. Corp. v. Yorkstate Indus., 353 N.Y.S.2d 331, 337 (N.Y. Sup. Ct. 1974).

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Cite This Page — Counsel Stack

Bluebook (online)
895 P.2d 650, 111 Nev. 652, 1995 Nev. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coury-v-tran-nev-1995.