Thompson v. City of North Las Vegas, 22780
| Decision Date | 06 July 1992 |
| Docket Number | No. 22780,22780 |
| Citation | 108 Nev. 435,833 P.2d 1132 |
| Parties | Bonnie J. THOMPSON and Kenneth D. Thompson Appellants, v. The CITY OF NORTH LAS VEGAS, a Municipal Corporation, Respondent. |
| Court | Nevada Supreme Court |
THE FACTS
Appellants Bonnie and Kenneth Thompson own and reside on real property located at 3737 Verde Way in North Las Vegas, Nevada. A piece of this real property (the "parcel"), approximately one-fifth of an acre in size, is the subject of this dispute. For over fifteen years the appellants have stored equipment and vehicles on the parcel, and they have paid taxes on it since 1973.
In the fall of 1988, the City of Las Vegas, in accordance with a city council resolution, commenced an action (the "Decatur Realignment") under NRS Chapter 270 to correct the plat representing four sections of land in Clark County, Nevada. Appellants' Verde Way real property lies within one of these sections; consequently, appellants were among the five hundred defendants named in the complaint filed by Las Vegas. The City of North Las Vegas, respondent here, was not a party to the Decatur Realignment.
NRS Chapter 270 sets forth a detailed procedure for correcting faulty maps or plats. In accordance with this procedure, Las Vegas placed on public display its proposed plat for the four sections of land, published notice of the proposed plat in the Las Vegas Review-Journal, and held a public hearing for the purpose of receiving objections to the proposed plat. In addition, VTN-Nevada, an engineering firm retained by Las Vegas to create the proposed plat, contacted all affected property owners and invited them to meet to discuss the accuracy of the proposed plat. At the conclusion of each of these meetings, each property owner who found the proposed plat to be accurate signed a stipulation memorializing her agreement with the proposed plat. Each of these stipulations provided in relevant part that "this Defendant joins in the prayer of said Complaint that the Court issue an order adopting, fixing and establishing the correct map and boundary line of the area in dispute in accordance with [the proposed plat]." Each of the appellants signed a stipulation.
Appellants acknowledge having been served with photocopies of the Decatur Realignment complaint and proposed plat in May of 1989. According to appellants, however, the poor quality of the photocopies impelled them to contact VTN-Nevada and inquire about the proposed plat and its effect on the boundary line of appellants' Verde Way real property. Appellants also aver that after they provided the VTN-Nevada representative with their lot number, they were informed that the boundary line change would be slight: approximately six inches to one foot. Finally, appellants contend that in reliance on these statements, they signed their stipulations.
By the time set for trial in the Decatur Realignment matter, all but seventeen defendants had either stipulated to the accuracy of the proposed plat or defaulted. The case was tried before the district court from September 5, 1989, through September 8, 1989. After hearing testimony and viewing exhibits, the district court issued findings of fact, conclusions of law, and order for entry of judgment and decree (the "Decatur Realignment Judgment"). Pursuant to the Decatur Realignment Judgment, respondent was awarded title to the parcel. Appellants did not appeal from the Decatur Realignment Judgment.
At some point after they signed their stipulations in the Decatur Realignment matter, appellants applied to respondent for a building permit to construct a fence around the parcel but were refused. Appellants assert that they telephoned respondent, inquired about ownership of the parcel, and received assurances from one of respondent's employees that they still owned the parcel. Appellants further contend that only later did they learn that respondent had been awarded title to the parcel, and that by then, the time in which to appeal or move to set aside the Decatur Realignment Judgment had expired.
On June 5, 1991, appellants filed a complaint against respondent. In this complaint, appellants sought, among other things, to quiet title to the parcel in their favor. On September 13, 1991, respondent filed a motion to dismiss pursuant to NRCP 12(b)(5). Respondent sought dismissal of appellants' complaint "based on res judicata and the doctrines of stare decisis and unclean hands." Following oral argument, the district court granted respondent's motion and entered an order of dismissal pursuant to NRCP 12(b)(5).
At the outset, appellants contend that the district court committed reversible error by failing to treat respondent's motion to dismiss as a NRCP 56 motion for summary judgment. While we believe that the court did commit error, we also conclude that this error does not warrant a reversal.
Where materials outside of the pleadings are presented to and considered by the district court, it can be said that the district court, in effect, treated and disposed of a motion to dismiss as a Rule 56 motion for summary judgment. MacDonald v. Kassel, 97 Nev. 305, 629 P.2d 1200 (1981). Here, in conjunction with their pleadings, the parties submitted affidavits and other materials, including a copy of the Decatur Realignment Judgment and copies of each appellant's stipulation in that case. And while the dismissal order is devoid of the rationale for granting respondent's motion to dismiss, it does contain language showing that the district court considered these...
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