Workman v. Attorney General ( 2014 )

 In the motion for leave to file a petition for a writ of quo
warranto, petitioner Rick Workman seeks leave to file such a petition in
order to challenge the right of real party in interest Arthur "Andy" Hafen
to continue to serve as the mayor of Henderson. Having considered the
parties' arguments and the documents before us, we conclude that
Workman lacks standing to file either a statutory quo warranto action or a
constitutional petition for a writ of quo warranto, as he has not identified
any interest that he has in the office of Henderson mayor or in the
outcome of a quo warranto petition that is distinct from that of the general
public. See NRS 35.040; NRS 35.050; Lueck v. Teuton, 125 Nev. 674, 219
P.3d 895 (2009).
Similarly, in the alternative petition for a writ of mandamus,
Workman seeks an order requiring respondents Attorney General
Catherine Cortez Masto and Secretary of State Ross Miller to file a quo
warranto petition or otherwise take action to remove Hafen from office.
Again, because Workman has not identified any beneficial interest in the
outcome of the proceeding apart from any interests that he shares with
the community at large, we conclude that Workman lacks standing to file
a petition for a writ of mandamus in this matter. See NRS 34.170
(providing that a writ of mandamus shall issue "on the application of the
party beneficially interested"); Heller v. Legislature, 120 Nev. 456, 461, 93
P.3d 746, 750 (2004) ("To demonstrate a beneficial interest sufficient to
pursue a mandamus action, a party must show a direct and substantial
interest that falls within the zone of interests to be protected by the legal
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duty asserted.' (quoting Lindelli v. San Anselmo, 4 Cal. Rptr. 3d 453, 461
(App. Ct. 2003))). Accordingly, we deny both the motion for leave to file a
petition for a writ of quo warranto and the alternative petition for a writ of
mandamus.
It is so ORDERED.
C.J.
Gibbons
fritc-t , J.
Hardesty
ah,-4-9kr
Parraguirre
Saitta
CC: Hardy Law Group
Pisanelli Bice, PLLC
Attorney General/Carson City
Henderson City Attorney
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