Legal Opinion

Malecon Tobacco, LLC v. State Ex Rel. Department of Taxation

Nevada Supreme Court

Decided December 19, 2002No. 38101PublishedCited by 27 opinions

1Opinion of the Court

OPINION

2Per curiam

This is an appeal from a district court order dismissing appellants’ (“Taxpayers”) complaint for lack of subject matter jurisdiction. We conclude that the Taxpayers’ arguments are meritless and, accordingly, we affirm the district court’s order.

The Taxpayers brought a class action lawsuit in the district court contesting the assessment of certain taxes. The district court granted the Department of Taxation’s motion to dismiss the Taxpayers’ complaint based on a lack of subject matter jurisdiction. The district court decided that two administrative remedies exist: (1) seeking a refund…

3Cases cited19 opinions

  1. Thunder Basin Coal Co. v. ReichSupreme Court of the United States · 1994
  2. Oestereich v. Selective Service System Local Board No. 11Supreme Court of the United States · 1969
  3. Karches v. City of CincinnatiOhio Supreme Court · 1988
  4. Holly Farms Corp. v. National Labor Relations BoardSupreme Court of the United States · 1996
  5. County of Kane v. CarlsonIllinois Supreme Court · 1987

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4Cited by27 opinions

  1. International Game Technology, Inc. v. Second Judicial District Court of the State of Nevada Ex Rel. County of WashoeNevada Supreme Court · 2006
  2. United Airlines v. Industrial Claim Appeals officeColorado Court of Appeals · 2013
  3. EGGLESTON VS. STUARTNevada Supreme Court · 2021
  4. Williams v. Industrial Claim Appeals Office of the StateColorado Court of Appeals · 2006
  5. OMG MSTR LSCO, L.L.C. v. Dept. of MedicaidOhio Court of Appeals · 2018

22 more not listed; retrieve them via the Exa API.

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