In Nevada, the elements for the Claim of Writ of Mandamus are:
- When a government body fails to perform an act “the law especially enjoins as a duty resulting from an office, trust or station” or acts in an arbitrary or capricious manner, a writ of mandamus shall issue to correct the action; NRS 34.160; See also Int’l Game Tech;, Inc; v; Second Judicial Dist;, 179 P.3d 556, 558 (2008);
- [GOVERNMENT BODY] acted arbitrarily and capriciously by performing or failing to perform the acts described above;
- [GOVERNMENT BODY]’s arbitrary and capricious actions justify this Court’s issuance of a Writ of Mandamus directing [GOVERNMENT BODY] to take the following action: [DESCRIBE]; and
- As a result of Defendants’ arbitrary and capricious actions, Plaintiffs have been forced to retain legal counsel to pursue this action and they are therefore entitled to an award of damages, costs of suit and attorneys’ fees pursuant to NRS 32.270.