Whitacre Investment Co. v. State ex rel. Department of Transportation

Condemnees have presented to the court documents which, if given due credit, would not under any circumstances allow for Justice Rose’s continued participation in deciding these consolidated cases. Refusing to deal with the merits of the documents themselves, the court has simply “returned” the documents “unfiled” to condemnees’ counsel.

There is no valid excuse for the court’s actions, but the excuse offered by the court for returning the documents is that the documents are “serial” and thus contrary to NRAP 35(d). “Serial” simply means appearing in successive parts; so that if the condemnees…