IN THE SUPREME COURT OF THE STATE OF NEVADA

ELMWOOD PROPERTIES, LLC, A No. 72562 NEVADA LIMITED LIABILITY COMPANY, Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE LYNNE K.

SIMONS, DISTRICT JUDGE, Respondents, and THE REGIONAL TRANSPORTATION COMMISSION OF WASHOE COUNTY, A SPECIAL PURPOSE UNIT OF THE GOVERNMENT, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION This original petition for a writ of mandamus or prohibition challenges district court orders granting a motion for partial summary judgment and a motion for immediate occupancy in a condemnation action.

Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d

SUPREME COURT OF NEVADA

(0) 1947A e30 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). Accordingly, we ORDER the petition DENIED.

J.

Douglas „fcg

Gibbons

Pickering Pitt ti,L9 , J.

cc: Hon. Lynne K. Simons, District Judge Fennemore Craig P.C./Reno Woodburn & Wedge Washoe District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A