Fed. Hous. Fin. Agency v. Dist. Ct. (Westland Liberty Village, Llc)

• Court: Nevada Supreme Court
• Decided: October 17, 2022
• Docket: 82666
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

FEDERAL HOUSING FINANCE No. 82666 AGENCY, IN ITS CAPACITY AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION, Petitioner, FILED vs. OCT 17 2022 THE EIGHTH ATDICIAL DISTRICT H A. BROWN UPREPAZ COURT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLEW

CLARK; AND THE HONORABLE MARK R. DENTON, DISTRICT JUDGE, .Respondents, and WESTLAND LIBERTY VILLAGE, LLC; WESTLAND VILLAGE SQUARE, LLC; AND FEDERAL NATIONAL MORTGAGE ASSOCIATION, Real .Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF PROHIBITION

This original petition for a writ of prohibition challenges a district court order granting a preliminary injunction.'

1The preliminary injunction was entered by judge Kerry Earley, who has since retired. As set forth in petitioner's April 2, 2021, notice regarding department reassignnient, the case is currently assigned to Judge Mark R. Denton.

SUPREME COURT OF NEVADA

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0 2_2- 3 ZSo ci The di.strict court issued a preliminary injunction that prevented Federal National Mortgage Association (Fannie Mae) and other "Enjoined Parties" from foreclosing on, interfering with, or taking other specified actions against Westland Liberty Village, LLC, and Westland Village Square, LLC. Federal Housing Finance Agency (FHFA), in its capacity as conservator for Fannie Mae, sought to intervene.

Prior to the district court permitting FHFA's intervention in the underlying matter, FHFA filed the instant writ petition requesting th at this court dissolve the preliminary injunction. FHFA argues that the district court exceeded its jurisdiction under federal law, specifically 12 U.S.C. § 461.7(f), and unlawfully restrained FHFA's ability to carry out its duties as conservator of Fannie Mae. FHFA additionally argues that the district court exceeded its jurisdiction under Nevada law by purporting to bind parties that were not before the court and by issuing a.n impermissibly vague order. This court recently reversed the underlying preliminary injunction in Federal National Mortgage Association v. Westland Liberty Village, LLC, 138 Nev., Adv. Op. 57, P.3d (2022). Given that the preliminary injunction was reversed, we need not reach the issues raised in this writ petition. See Degraw v. Eighth Judicial Dist. Court, 134 Nev. 330, 332, 41.9 P.3d 136, 1.39 (201.8) (explaining that this court's duty is to resolve justiciabl.e controversies and that we generally may not give opinions on writ petitions that are moot).

SUPREME COURT OF NEVADA 2 tUi I 'M 7A Therefore, we decline to exercise our discretion to consider the extraordinary relief requested and ORDER the petition DENIED.2

Parraguirre

, J. Al4G4..3? Hardesty Stiglich

Cadish

cc: Hon. Mark R. Denton, District Judge Fennemore Craig P.C./Reno Arnold & Porter Kaye Scholer LLP/Washington DC Snell & Wilmer, LLP/Las Vegas Cooper & Kirk PLLC/Washington DC Campbell & Williams Law Offices of John Benedict John W. Hofsaess Holland & Hart LLP/Las Vegas Snell & Wilmer, LLP/Reno Eighth District Court Clerk

2The Honorable Abbi Silver having retired, this matter was decided

by a six-justice court. SUPREME COURT OF NEVADA 3 (0) I947A mtlig(Q

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