GROGAN v. COUNTY OF ESMERALDA, 91 Nev. 728 (1975)

541 P.2d 1101

JAMES PATRICK GROGAN, D/B/A SANTA FE CLUB, APPELLANT, v. THE COUNTY OF ESMERALDA AND NATHAN L. MERRITT, JR., CHAIRMAN OF THE LIQUOR BOARD FOR THE COUNTY OF ESMERALDA, HENRY DAHLSTROM, ROBERT HARTMAN AND KENNETH E. SIRI, MEMBERS OF THE LIQUOR BOARD FOR THE COUNTY OF ESMERALDA, RESPONDENTS.

No. 8328Supreme Court of Nevada.
November 13, 1975 Rehearing denied December 5, 1975

Appeal from Fifth Judicial District Court, Esmeralda County; John F. Sexton, Judge.

Eric Zubel, Las Vegas, for Appellant.

Alan R. Harter, District Attorney, Esmeralda County, for Respondents.

OPINION
Per Curiam:

This appeal, which is in progress, is from an order denying appellant’s petition for a writ of mandamus to compel respondents to reinstate a liquor license.

Respondents did not timely file their answering brief and appellant has filed a motion for confession of error, under NRAP 31(c). Respondents have neither opposed the motion nor offered any reason for their failure to do so.

Under these circumstances and for the same reasons stated in, and on the authority of, Kitchen Factors, Inc. v. Brown, 91 Nev. 308, 535 P.2d 677 (1975), we grant the motion and reverse the order of the district court. NRAP 31(c).

Page 729

This case is remanded to the district court with instructions to grant the petition for mandamus to compel respondents to reinstate James Patrick Grogan’s liquor license forthwith.