IN THE SUPREME COURT OF THE STATE OF NEVADA

INDEPENDENT ALCOHOL No. 73883

DISTRIBUTORS OF NEVADA, INC.;
AND PALIDIN, LLC,
Appellants,
vs.
THE STATE OF NEVADA
ILE D
DEPARTMENT OF TAXATION; AND SEP 1 4 2017
NEVADA TAX COMMISSION, ELIZABETH A. BROWN
CLERK OF SUPREME COURT
Respondents.
BY
DEPUTY =

ORDER
This is an appeal from district court orders denying a
preliminary injunction.' Respondents have moved to dismiss this appeal
because appellants failed to comply with the requirements of NRS Chapter
233B in challenging the regulation and administrative decision in the
underlying matter. As this court appears to have jurisdiction over the
district court orders being challenged, NRAP 3A(b)(3), and respondents'
arguments are directed toward the propriety of the district court's
determinations with respect to appellants' compliance with NRS Chapter
233B, and thus the merits of this appeal, we deny the motion to dismiss.
Appellants have moved for either (1) a stay of the district court's
orders denying a preliminary injunction or (2) an order enjoining
respondents from enforcing emergency regulations they adopted on July 13,

1 Upon docketing, this appeal was referred to this court's settlement

program. See NRAP 16. After review of this matter, we determine that it
will not be assigned to the settlement program.
SUPREME COURT
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NEVADA

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 2017, pending our resolution of this appeal. NRAP 8(c). Essentially,
appellants seek to prevent respondents from issuing marijuana distribution
licenses to applicants other than those who currently hold an alcohol
distribution license pursuant to NRS Chapter 369. Having considered the
briefing on the motion, we conclude that a temporary injunction is
warranted. NRAP 8(c); Fritz Hansen v. Eighth Judicial Dist. Court, 116
Nev. 650, 657, 6 P.3d 982, 986 (2000). Respondents shall not issue further
marijuana distribution licenses to applicants other than those currently
licensed to distribute alcohol, until further order of this court. This
injunction shall not affect the marijuana distribution licenses issued up to
this date.
Additionally, we conclude that oral argument would assist this
court in determining whether this temporary injunction should continue
pending resolution of this appeal. Oral argument on this issue only is
hereby scheduled for October 3, 2017, at 11:30 a.m., at the Wiliam S. Boyd
School of Law in Las Vegas. The argument shall be to the n banc court
and shall be limited to 60 minutes.
It is so ORDERED.

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NEVADA

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 cc: Hon. James Todd Russell, District Judge
Allison MacKenzie, Ltd.
Winter Street Law Group
Attorney General/Carson City
Carson City Clerk

SUPREME COURT
OF
NEVADA

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