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Case Information: 87549
Short Caption:CITY OF RENO VS. SCENIC NEVADA, INC. C/W 87514Court:Supreme Court
Consolidated:87514*, 87549Related Case(s):87514
Lower Court Case(s):Washoe Co. - Second Judicial District - CV2102086Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:11/06/2023 / Andrews, JonathanSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:02/05/2025How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/06/2023Filing FeeAppeal Filing Fee Waived. State/County/Municipality. (SC)
11/06/2023Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.). (SC)23-36007
11/06/2023Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. (SC)23-36009
11/06/2023Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Jonathan L. Andrews. (SC)23-36062
11/08/2023Filing FeeFiling Fee due for Cross-Appeal. (SC)
11/08/2023Notice of Appeal DocumentsFiled Notice of Cross-Appeal. (SC)23-36439
11/08/2023Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 7 days. (SC)23-36442
11/08/2023Filing FeeE-Payment $250.00 from Mark D. Wray. (SC)
11/13/2023Notice/IncomingFiled Respondents' Notice of Appearance for Darren Lemieux, Lucy Crow, and Brittni Tanenbaum with Lewis Roca Rothgerber Christie, LLP. (SC)23-36748
11/21/2023Docketing StatementFiled Appellant/Cross-Respondent's Docketing Statement. (SC)23-37873
12/08/2023Settlement Program ReportFiled ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. Case Nos. 87514/87549. (SC)23-39932
12/11/2023Settlement Order/ProceduralFiled Order Removing From Settlement Program/Briefing Reinstated. This appeal is removed from the settlement program. Appellant/cross-respondent and respondent/cross-appellant: 14 days transcript request. Appellant shall have 90 days from the date of this order to file and serve the opening brief and appendix on appeal. Respondents shall have 30 days from service of appellant's opening brief to file and serve an answering brief on appeal. Cross-appellant shall have 30 days from service of appellant's opening brief on appeal to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant shall have 30 days from service of the last filed answering brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Cross-appellant shall have 14 days from the service of appellant's combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. (SC)23-40047
12/20/2023MotionFiled Joint Motion To Consolidate Appeals. 87514/87549(SC)23-41299
12/21/2023Transcript RequestFiled Appellant/Cross-Respondent Certificate of No Transcript Request. (SC)23-41443
01/16/2024Order/ProceduralFiled Order Granting Joint Motion to Consolidate Appeals. The parties have filed a joint motion to consolidate these matters. The motion is granted, and these matters are consolidated for all appellate purposes. Briefing shall proceed in the appeal (Docket No. 87514) in accordance with NRAP 31(a)(1), and separately in the appeal/cross-appeal (Docket No. 87549) in accordance with NRAP 28.1. The opening briefs in each appeal are due to be filed on or before March 11, 2024. Nos. 87514/57549. (SC)24-01569
01/18/2024Docketing StatementFiled Respondent's Docketing Statement(REJECTED PER NOTICE ISSUED ON 01-19-24)(Untimely for 87549) Nos. 87514/57549.(SC)24-02016
01/18/2024Docketing StatementFiled Respondent's Docketing Statement(REJECTED PER NOTICE ISSUED ON 01-19-24)(Untimely for 87549) Nos. 87514/57549.(SC)24-02018
01/19/2024MotionFiled Respondent's Motion to Correct Briefing Schedule. No. 87514/87549 (SC)24-02070
01/19/2024Notice/OutgoingIssued Notice of Rejection of Filed Document.(Untimely for 87549) Nos. 87514/57549.(SC)24-02080
01/20/2024MotionFiled Respondent/Cross-Appellant's Motion to Extend Time to File Docketing Statement. Nos. 87514/57549 (DETACHED DOCKETING STATEMENT AND FILED PER ORDER FILED ON 2/7/24) (87549) (SC)24-02252
02/07/2024Order/ProceduralFiled Order Granting Motions. Notwithstanding its untimeliness, respondent/cross-appellant Scenic Nevada, Inc.'s motion to extend the time to file a docketing statement in these consolidated matters is granted. The clerk of this court shall detach and file separately the docketing statement attached to the motion. Respondent/cross-appellant Scenic Nevada Inc.'s motion requesting to amend the briefing schedule is granted. Briefing shall proceed in the appeal/cross-appeal in Docket No. 87514 in accordance with NRAP 28.1. Briefing shall proceed separately in the appeal/cross-appeal in Docket No. 87549 in accordance with NRAP 28.1. The opening briefs in each appeal/cross-appeal are due to be filed on or before March 11, 2024. fn1[The clerk of this court is directed to revise the caption in conformance with this order to reflect that respondent/cross-appellant Scenic Nevada, Inc., has cross-appealed in Docket No. 87514 as well as Docket No. 87549.] Nos 87514/87549 (SC)24-04571
02/07/2024Docketing StatementFiled Respondent/Cross-Appellant's Civil Docketing Statement. (87549) Nos 87514/87549. (SC)24-04574
02/29/2024AppendixFiled Joint Appendix - Volume 1 Nos 87514/87549 (87514) (SC)24-07339
02/29/2024AppendixFiled Joint Appendix - Volume 2 Nos 87514/87549 (87514) (SC)24-07346
02/29/2024AppendixFiled Joint Appendix - Volume 3 Nos 87514/87549 (87514) (SC)24-07351
02/29/2024AppendixFiled Joint Appendix - Volume 4 Nos 87514/87549 (87514) (SC)24-07353
02/29/2024AppendixFiled Joint Appendix - Volume 5 Nos 87514/87549 (87514) (SC)24-07355
02/29/2024AppendixFiled Joint Appendix - Volume 6 Nos 87514/87549 (87514) (SC)24-07357
02/29/2024AppendixFiled Joint Appendix - Volume 7 Nos 87514/87549 (87514) (SC)24-07364
02/29/2024AppendixFiled Joint Appendix - Volume 8 Nos 87514/87549 (87514) (SC)24-07369
02/29/2024AppendixFiled Joint Appendix - Volume 9 Nos 87514/87549 (87514) (SC)24-07370
02/29/2024AppendixFiled Joint Appendix - Volume 10 Nos 87514/87549 (87514) (SC)24-07374
02/29/2024AppendixFiled Joint Appendix - Volume 11 Nos 87514/87549 (87514) (SC)24-07379
02/29/2024AppendixFiled Joint Appendix - Volume 12 Nos 87514/87549 (87514) (SC)24-07381
02/29/2024AppendixFiled Joint Appendix - Volume 13 Nos 87514/87549 (87514) (SC)24-07382
03/05/2024Order/ProceduralFiled Order to File Document. Respondent/cross-appellant's transcript request form due: 7 days. Nos 87514/87549 (SC)24-07843
03/05/2024Transcript RequestFiled Respondent/Cross-Appellant's (Scenic Nevada Inc.) Certificate of No Transcript Request. Nos. 87514/87549. (87549) (SC)24-07898
03/11/2024BriefFiled Appellant/Cross-Respondent Opening Brief Nos. 87514/87549 (87514) (SC)24-08677
03/11/2024BriefFiled Appellant/Cross Respondent Opening Brief(Docket 87549)(REJECTED PER NOTICE ISSUED ON 03-12-24(Exhibit attached to Brief)Nos. 87514/87549(SC)
03/11/2024MotionFiled Appellant/Cross-Respondent 's City of Reno's Request for Judicial Notice. Nos. 87514/87549 (87549) (SC)24-08688
03/12/2024Notice/OutgoingIssued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. (87549) (SC).24-08731
03/13/2024BriefFiled Appellant/Cross-Respondent's City of Reno's Opening Brief. Nos. 87514/87549 (87549) (SC)24-08915
03/13/2024AppendixFiled Appellant/Cross-Respondent's City of Reno's Appendix to Opening Brief Volume 1. Nos. 87514/87549 (87549) (SC)24-08916
03/22/2024Order/ProceduralFiled Order Granting Motion. Appellant/cross-respondent City of Reno has filed an unopposed motion asking this court to take judicial notice of the development agreement dated June 13, 2019, between the City of Sparks and Washoe County School District, recorded with the Washoe County Recorder as Doc # 4920241, and attached to the motion filed on March 11, 2024, as Exhibit 1. City of Reno's motion is granted. This court will take judicial notice of Exhibit 1 to City of Reno's motion filed on March 11, 2024. Nos 87514/87549 (SC)24-10387
04/04/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent/cross-appellant shall have until April 26, 2024, to file and serve the answering brief on appeal and opening brief on cross-appeal in docket 87514 and an answering brief on appeal and opening brief on cross-appeal in docket 87549. Nos. 87514/87549 (SC)24-11899
04/24/2024BriefFiled Respondent/Cross-Appellant Combined Answering and Cross-Appeal Brief of Scenic Nevada, INC. Nos. 87514/87549 (REJECTED PER NOTICE ISSUED ON 04-25-2024)SC)
04/24/2024MotionFiled Respondent and Cross-Appellant Scenic Nevada, INC, 'S Request Request for Judicial Notice. Nos. 87514/87549 (SC)24-14410
04/25/2024Notice/OutgoingIssued Notice of Rejection of Filed Combined Answering and Cross-Appeal Brief of Scenic Nevada, INC.. Nos. 87514/87549(SC)24-14550
04/26/2024BriefFiled Respondent/Cross-Appellant Combined Respondent's Brief in Response to Opening Brief of Appellants Reno real Estate Development LLC and Reno Property Manager LLC and Opening Brief on Cross-Appeal of Scenic Nevada, Inc. In Docket No. 87514(SC)24-14611
04/26/2024BriefFiled Respondent/Cross-Appellant Combined Respondent's Brief in Response to City of Reno's Opening Brief on Appeal and Opening Brief on Cross-Appeal of Scenic Nevada, Inc. In Docket NO. 87549 (SC)24-14612
05/01/2024MotionFiled Appellants' and Cross-Respondents' Opposition to Respondent and Cross-Appellant Scenic Nevada's Request For Judicial Notice Nos. 87514/87549(SC)24-15279
05/06/2024MotionFiled Respondent/Cross-Appellant Reply to Opposition to Scenic Nevada's Request for Judicial Notice Nos. 87514/87549(SC)24-15716
05/06/2024Order/ProceduralFiled Order to File Answering Brief. The answering brief from respondents in Docket No. 87549 Reno Real Estate Development, LLC and Reno Property Manager, LLC (collectively, Reno Real Estate) was due on or before April 12, 2024. To date, Reno Real Estate has failed to file an answering brief or to otherwise communicate with this court. Reno Real Estate shall have 7 days from the date of this order to file and serve an answering brief. Nos. 87514/87549 (SC)24-15755
05/08/2024BriefFiled Respondents' (Reno Real Estate 87549)Joinder and Answering Brief To The City Of Reno's Opening Brief Nos. 87514/87549(SC)24-16089
05/17/2024Order/ProceduralFiled Order. Respondent/cross-appellant Scenic Nevada has filed a motion asking this court to take judicial notice of an article published on March 14, 2024, by the Reno Gazette Journal, attached as Exhibit 1 to its motion filed on April 24, 2024, and a trademark application for "J Resort's Reno Neon Line," filed on February 13, 2024, attached as Exhibit 2. Appellants/cross-respondents Reno Real Estate Development, LLC and Reno Property Manager, LLC have filed an opposition to Scenic Nevada's motion, and Scenic Nevada has replied. Scenic Nevada's motion is granted to the following extent. This court will take judicial notice of Exhibit 2 and will provisionally take judicial notice of Exhibit 1 to Scenic Nevada's motion filed on April 24, 2024. However, upon consideration of the merits, this court will disregard any information that is determined to be inappropriate for consideration. Nos. 87514/87549 (SC)24-17460
05/20/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Reno Property Manager, LLC, and Reno Real Estate Development, LLC shall have until June 11, 2024, to file and serve the reply brief on appeal and answering brief on cross-appeal for case No. 87514. Nos. 87514/87549 (SC)24-17572
05/23/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. City of Reno shall have until June 11, 2024, to file and serve the reply brief on appeal and answering brief on cross-appeal for case No. 87549. Nos. 87514/87549 (SC)24-18115
06/11/2024Notice/IncomingFiled Appellants' and Cross-Respondents' Reno Real Estate Development, LLC and Reno Property Manager, LLC's Request for Judicial Notice. Nos. 87514/87549 (SC)24-20276
06/11/2024BriefFiled Appellant/Cross-Respondents' Reply on Appeal and Answering Brief in Cross Appeal for case 87514. Nos. 87514/87549 (SC)24-20303
06/11/2024BriefFiled Appellant/Cross-Respondent City of Reno Combined Reply Brief and Brief in Response to Scenic Nevada, INC.'s Cross-Appeal Opening Brief in Case No. 87549 (87514/87549)(SC)24-20401
07/05/2024Case Status UpdateBriefing Completed/To Screening. (SC)
07/05/2024MotionFiled Motion for Leave to File Reply Brief in Support of Cross-Appeal in docket No. 87549 Nos. 87514/87549 (SC)24-23314
07/05/2024MotionFiled Motion for Leave to File Reply Brief in Support of Cross-Appeal in Docket No. 87514 Nos. 87514/87549 (SC)24-23315
07/08/2024MotionFiled Appellants and Cross-Respondent's Opposition to Respondent/Cross-Appellant's Scenic Nevada, INC.'s Motion for Leave to File Reply Brief In Support of Cross Appeal in Docket Nos. 87514 & 87549 Nos 87514/87549 (SC)24-23632
07/08/2024MotionFiled Appellants and Cross-Respondent's Opposition to Respondent/Cross-Appellant's Scenic Nevada, INC.'s Motion for Leave to File Reply Brief In Support of Cross Appeal in Docket Nos. 87514 & 87549 Nos 87514/87549 (SC)24-23634
07/08/2024MotionFiled Reply in Support of Motion for Leave to File Reply Brief in Support of Cross-Appeal in Docket No. 87514 Nos 87514/87549.(SC)24-23663
07/08/2024MotionFiled Reply in Support of Motion for Leave to File Reply Brief in Support of Cross-Appeal in Docket No. 87514 Nos 87514/87549.24-23664
08/03/2024BriefFiled Reply in Support of Scenic Nevada's Cross-Appeal in Docket No. 87514 Nos 87514/87549 (STRICKEN PER ORDER FILED ON 8/9/24) (SC)
08/03/2024BriefFiled Reply in Support of Scenic Nevada's Cross-Appeal in Docket No. 87514 Nos 87514/87549 (STRICKEN DUPLICATE FILING PER ORDER ON 8/9/24) (SC)
08/09/2024Order/ProceduralFiled Order Denying Motion. Respondent/cross-appellant Scenic Nevada has filed a motion for leave to file a reply brief in support of its cross-appeals, which this court construes as an untimely motion for an extension of time to file the reply brief on cross-appeal. Appellants/cross-respondents Reno Real Estate Development, LLC, and Reno Property Manager, LLC, have opposed the motion, and Scenic Nevada has replied. Scenic Nevada's reply brief in support of its cross-appeals was due by June 25, 2024. The motion is improper because it was not filed on or before the due date for the reply brief. In support of the motion, counsel states that he believed he had 30 days from service of the answering briefs, or until July 11, 2024, to file the reply brief as allowed by NRAP 31(a)(1)(C). However, this court specifically informed counsel in its February 7, 2024, order granting his motion to amend the briefing schedule that briefing would proceed in accordance with NRAP 28.1, not NRAP 31(a)(1). Further, the motion requests an extension until July 11, and the reply brief was not filed until August 3. Accordingly, the motion is denied. The clerk of this court shall strike the duplicate reply briefs filed on August 3, 2024. Nos. 87514/87549 (SC)24-28151
11/04/2024Order/ProceduralFiled Order Scheduling Oral Argument. Oral argument is scheduled for December 4, 2024, at 3:00 p.m., in Carson City. The parties shall have 2 minutes of uninterrupted argument at the beginning of each side's presentation in addition to 15 minutes each of argument time. The argument shall be limited to a total of 34 minutes. Nos. 87514/87549 (SC)24-41576
11/06/2024MotionFiled Joint Motion To Reschedule Oral Argument Nos 87514/87549 (87514)(SC)24-42008
11/06/2024MotionFiled Joint Motion To Reschedule Oral Argument Nos 87514/87549 (87514)(SC)24-42009
11/08/2024Order/ProceduralFiled Order Vacating Oral Argument. The parties have filed a joint motion to continue the oral argument in this matter. Cause appearing, the motion is granted. The argument currently scheduled for December 4, 2024, at 3:00 p.m. in Carson City is hereby vacated. This matter will be rescheduled for oral argument on a later date. Nos. 87514/87549 (SC)24-42280
01/08/2025Order/ProceduralFiled Order Rescheduling Oral Argument. Oral argument in this matter is rescheduled for February 5, 2025, at 11:00 a.m., in Las Vegas. The parties shall have 2 minutes of uninterrupted argument at the beginning of each side's presentation in addition to 15 minutes each of argument time. The argument shall be limited to a total of 34 minutes. Nos. 87514/87549 (SC)25-00939
01/09/2025Notice/IncomingFiled Appellant/Cross-Respondent's Notice of Change of Firm Name. Nos. 87514/87549 (SC)25-01231
01/09/2025Notice/IncomingFiled Appellant/Cross-Respondent's Notice of Change of Firm Name. Nos. 87514/87549 (SC)25-01232
01/17/2025Order/ProceduralFiled Order Regarding Oral Argument. This matter is currently scheduled for oral argument on February 5, 2025, at 11:00 a.m. in Las Vegas. To accommodate the court's calendar, oral argument is now scheduled for February 5, 2025, at 11:30 a.m. in Las Vegas. The parties shall have 2 minutes of uninterrupted argument at the beginning of each side's presentation in addition to 15 minutes each of argument time. The argument shall be limited to a total of 34 minutes. Nos. 87514/87549 (SC)25-02682
01/22/2025Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)25-03137
01/23/2025Notice/IncomingFiled Notice of Appearance (Dale Kotchka-Alanes of Womble Bond Dickinson (US) LLP appears as an attorney for appellants/cross-respondents Reno Real Estate Development, LLC and Reno Property Manager, LLC.) Nos.87549/87514. (Counsel Updated) (SC)25-03563
01/30/2025Notice/IncomingFiled Notice (Chandeni K. Sendall is no longer associated with the Reno City Attorney's Office and therefore withdraws as attorney of record for Appellant/Cross-Respondent City of Reno ("City") in the above captioned matter.) Nos.87549/87514. (Counsel Updated).(SC)25-04507
02/04/2025MotionFiled Appellant/Cross-Respondent's (City of Reno) Emergency Motion Under NRAP 27(e) for Permission to Appear at Oral Argument by Zoom. Nos. 87514/87549. (SC)25-05276
02/04/2025Order/ProceduralFiled Order Granting Motion Regarding Oral Argument. To the extent counsel for any of the parties involved are unable to travel to Las Vegas on either February 4, 2025, or the morning of February 5, 2025, due to flight cancellations, said counsel may appear remotely. (SC)25-05311
02/05/2025Case Status UpdateOral argument held this day. Case submitted for decision before the En Banc Court. Nos. 87514/87549. (SC)
05/08/2025Order/DispositionalFiled Order Vacating and Remanding. "VACATE the district court's order and REMAND this matter to the district court for proceedings consistent with this order." EN BANC. Nos. 87514/87549 (SC)25-20745
05/22/2025MotionFiled Reno Real Estate Development, LLC's and Reno Property Manager, LLC's Motion To Publish Order as an Opinion(SC)25-22900
05/22/2025MotionFiled Reno Real Estate Development, LLC's and Reno Property Manager, LLC's Motion To Publish Order as an Opinion(SC)25-22903
10/16/2025Opinion/DispositionalFiled Authored Opinion. "Vacated and remanded." Before the Court En Banc. Author: Herndon, C.J. Majority: Herndon/Pickering/Parraguirre/Bell/Stiglich/Cadish/Lee. fn1 [We originally resolved this matter by unpublished order on May 8, 2025. The Developers filed a motion to publish the order as an opinion. Cause appearing, the motion is granted. See NRAP 36(e). We now issue this opinion in place of the order.] 141 Nev. Adv. Opn. No. 48. Nos. 87514/87549. En Banc. (SC).25-45165
11/06/2025RemittiturIssued Remittitur. Nos. 87514/87549 (SC)25-48493
11/06/2025Case Status UpdateRemittitur Issued/Case Closed. Nos. 87514/87549 (SC)
11/14/2025RemittiturFiled Remittitur. Received by District Court Clerk on 11/12/25. No. 87514/87549. (SC)25-48493