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United States Court Cases

Nevada Supreme/Appellate Court Record

DEWEY VS. RENO REDEVELOPMENT AGENCY

Case Information: 35339
Short Caption:DEWEY VS. RENO REDEVELOPMENT AGENCYCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9905934Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:11/13/2002 at 9:00 AMOral Argument Location:Carson City
Submission Date:11/13/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/22/1999Filing Fee Filing Fee due.
12/22/1999MotionFiled Motion for Stay. Emergency Motion for Stay Pending Appeal. 99-13057
12/23/1999Order/ProceduralFiled Order Granting Motion. Order Granting Temporary Stay and Requesting Response. Respondents shall, within 10 days of the date of this order, file and serve any opposition to appellants' request for a stay. We temporarily stay the portion of the district court's order in no. CV99-05934 vacating its temporary restraining order and permitting respondents to proceed with the demolition of the Mapes Hotel. That portion of the temporary restraining order prohibiting structural damage and deomlition work shall remain in effect pending further order of this court. 99-13097
12/23/1999MotionFiled Response to Motion. Opposition to Appellants' Emergency Motion for Stay Pending Appeal. 99-13117
12/23/1999Letter/IncomingFiled Letter. Copy of memo to Clauss Construction from District Health Department dated 12/23/99 transmitted by fax from Reno City Attorney's office. 99-13118
12/23/1999Order/ProceduralFiled Order. Order re: Temporary Stay. We issue this order to clarify that our previous order does not prohibit the contractor from complying with the Washoe County health regulations or orders from the health department. 99-13119
12/28/1999MotionFiled Motion. Motion for Order to Show Cause and for Appointment of Monitor. 99-13278
12/29/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kathleen S. Trimmer Corporation--check no. 1867.
12/29/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-13360
12/30/1999MotionFiled Motion. Emergency Motion to Consolidate Appeal No. 35366 with appeal 35339. (nos. 35366 & 35339). 99-13455
12/30/1999MotionFiled Motion to Consolidate. Notice of Emergency Motion to Consolidate Appeal No. 35366 with Appeal No. 35339. 99-13454
01/05/2000Order/ProceduralFiled Order Denying Motion. Docket No. 35366: Order Denying Motion to Consolidate. On December 30, 1999, appellants in Docket No. 35366 filed an emergency motion to consolidate their appeal with the pending appeal in Docket No. 35339. We deny the motion. Consolidation at this time would not promote judicial economy.
01/05/2000Order/ProceduralFiled Order Denying Motion. Order Denying Stay. We deny appellants' motion for a stay, and we vacate our prior order granting a temporary stay entered on December 23, 1999. We also deny appellants' motion for order to show cause and for appointment of a monitor filed on December 28, 1999. 00-00157
01/05/2000MotionFiled Response to Motion. Memorandum of Points and Authorities in Opposition to Motion for Order to Show Cause and Appointment of Monitor. 00-00172
01/06/2000Notice/IncomingFiled Proof of Service. Affidavit of Hand Delivery--(Emergency Motion to Consolidate Appeal). To Trimmer and Dickerson. 00-00197
01/06/2000Notice/IncomingFiled Proof of Service. Affidavit of Hand Delivery--(Emergency Motion to Consolidate Appeal). To Cafferata and Lynch. 00-00198
01/20/2000Filing Fee Filing Fee Waived.
01/20/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. Cross-appeal of the Redevelopment Agency of the City of Reno. 00-00950
01/27/2000Other Other. Docketing statement mailed to counsel for cross-appellant (Michael Halley, Deputy City Attorney).
01/28/2000Order/ProceduralFiled Order. Appellants/cross-respondents shall, within 10 days of the date of this order, file and serve the docketing statement or show cause why their appeal should not be dismissed as abandoned. (Docketing statement mailed to Dickerson, Cafferata and the Harris firm). 00-01481
02/03/2000Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent Truckee Meadows Heritage Trust. 00-01725
02/07/2000Docketing StatementFiled Docketing Statement. Respondent/Cross-appellant. 00-01938
03/01/2000TranscriptFiled Transcript. November 29, 1999, December 16, 1999, and December 21, 1999 Proceedings: Court Reporter: Randi Lee Walker. 00-03258
03/13/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: November 29 & 30, 1999; December 16 & 17, 1999; and December 21, 1999. To Court Reporter: Randi Lee Walker. 00-03891
03/13/2000TranscriptFiled Transcript. Proceedings: November 30, 1999. Court Reporter: Mildred J. Terry. 00-03952
03/13/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: November 30, 1999. To Court Reporter: Millie Terry. 00-03991
03/13/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: December 17, 1999. To Court Reporter: Lee Bahr. 00-03993
03/14/2000TranscriptFiled Transcript. Proceedings: December 17, 1999. Court Reporter: Lee M. Bahr. 00-04029
03/17/2000MotionFiled Motion. Motion for Leave of the Appellate Court for District Court Clarification of Decision and Order. 00-04317
04/19/2000MotionFiled Motion to Extend Time. 00-06219
05/11/2000Order/ProceduralFiled Order. Re: Briefing and Motion for Leave to Seek Clarification of District Court Order. We deny the Agency's motion for remand pursuant to NRCP 60(a). The agency shall have 60 days from the date of this order to file with this court any certification from the district court pursuant to Huneycutt and a motion to remand in light of the certification. The briefing schedule in this appeal is suspended, pending further order of this court. 00-07800
05/17/2000Notice/IncomingFiled Notice. Notice of Change of Firm Address for Law Office of Jeffrey A. Dickerson. 00-08278
05/22/2000Notice/IncomingFiled Notice. Notice of Change of Address for attorney Kathleen S. Trimmer. 00-08574
08/09/2000MotionFiled Motion. 00-13847
10/04/2000Order/ProceduralFiled Order. Attorney Patricia D. Cafferata has filed a motion to withdraw as counsel. We elect to treat the motion to withdraw as a substitution of attorneys. Accordingly, the clerk shall remove attorney Cafferata from the docket sheet and amend the docket to reflect that attorney Dickerson is counsel for National Trust and Truckee Meadows. 00-17630
11/01/2000MotionFiled Motion. Motion for Limited Remand to District Court and for Briefing Schedule. 00-19214
11/16/2000MotionFiled Response to Motion. Opposition to Motion for Briefing Schedule. 00-20176
02/23/2001Order/ProceduralFiled Order. Order of Limited Remand. We remand this matter to the district court for the limited purpose of allowing the district court to clarify its December 21, 1999 order with respect to the scope of the injunction restricting Agency members from engaging in certain types of meetings. The district court shall enter it order within 30 days from the date of this order, and the district court clerk shall immeditely transmit a certified copy of the order to this court. We deny the Agency's request for the establishment of a briefing schedule. The briefing schedule shall remain suspended pending further order of this court. 01-03479
03/28/2001Order/IncomingFiled District Court Order. Copy of Order Clarifying Decision and Order Dated December 21, 1999, filed in district court on March 26, 2001. 01-05443
04/20/2001Order/ProceduralFiled Order/Show Cause. Appellants shall have 20 days from the date of this order to show cause why their appeal should not be dismissed as moot. fn3[We note that the Agency's cross-appeal was not rendered moot by demolition of the Mapes Hotel. We further note that on February 23, 2001, we remanded this matter to the district court for the limited purpose of allowing the court to clarify the scope of its injunction order. The district court subsequently entered an order clarifying its decision, and a copy of that order was filed in this court on March 28, 2001. We defer reinstating briefing in the cross-appeal pending or resolution of the mootness issue on the appeal.] The briefing schedule shall remain suspended pending further order of this court. 01-06749
05/07/2001MotionFiled Motion to Extend Time. Appellants' Request for Enlargement of Time in which to Brief Mootness Issue. 01-07614
05/08/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed May 7, 2001. Appellant shall have to and including June 10, 2001, to file and serve a response to the court's show cause order entered April 20, 2001. 01-07710
06/13/2001MotionFiled Motion to Extend Time. Appellants' Second Request for Enlargement of Time in which to Brief Mootness Issue. 01-09928
06/15/2001Order/ProceduralFiled Order Granting Motion. filed June 13, 2001. Appellant's/cross-respondents shall have to and including June 20, 2001, to file and serve a response to the court's order to show cause entered on April 20, 2001. 01-10042
06/20/2001MotionFiled Response to Order to Show Cause. (Appellants/Cross-Respondents National Trust for Historic Preservation and Truckee Meadows Heritage Trust). 01-10440
09/24/2001Notice/IncomingFiled Notice of Change of Address. Attorney Jeffrey A. Dickerson. 01-16084
10/12/2001Order/ProceduralFiled Order/Briefing Reinstated. Previously, our review of the documents before this court indicated that appellants' appeal may be moot, and we ordered appellants to show cause why this appeal should not be dismissed. Having considered appellants' response, we conclude that the portion of the district court's order challenged by appellants in this appeal is capable of repetition yet evading review, and falls outside the mootness doctrine. We reinstate the briefing schedule. Appellants/cross-respondents shall have 70 days from the date of this order to file and serve the opening brief and appendix. Appellants shall advise this court within 30 days from the date of this order whether they still wish to name Clauss Construction, the party charged with demolishing the Mapes Hotel, as a respondent in the appeal. Respondent/cross-appellant and respondent shall each have 30 days after service of the opening brief to file and serve their answering briefs on appeal. The Redevelopment Agency of the City of Reno's answering brief may also contain any issues it wishes to raise on cross-appeal. Appellants/cross-respondents shall have 30 days after service of the answering brief(s) to file and serve on consolidated reply brief on appeal/answering brief on cross-appeal. Respondent/cross-appellant may thereafter file a reply brief on cross-appeal within 30 days. 01-17226
11/14/2001Other Other. Filed Motion to Dismiss Clauss Construction. 01-18983
12/07/2001MotionFiled Stipulation and Order. Brief due: January 22, 2002. 01-20625
01/22/2002Order/ProceduralFiled Order Granting Motion. Order Partially Dismissing Appeal. On October 12, 2001, we reinstated the briefing schedule in this matter and directed appellants to advise this court whether they still wished to name Clauss Construction, the party charged with demolishing the Mapes Hotel, as a respondent. In response, appellants have moved to dismiss Clauss Construction from their appeal. We grant appellants' motion, and we dismiss this appeal as to Clauss Construction. The clerk shall amend the docket to reflect that Clauss Construction is no longer a respondent. We vacate the portion of our October 12, 2001 order, directing Clauss Constuction to file an answering brief. 02-01426
01/24/2002MotionFiled Stipulation. 02-01703
01/24/2002BriefReceived Opening Brief. Mailed on: 01/24/02 Reno-Carson Messenger 02-01706
01/24/2002AppendixReceived Appendix. Vols. 1 and 2. 02-01709
02/20/2002Order/Clerk'sFiled Clerk's Order Granting Motion. On January 24, 2002, the parties filed an untimely second stipulation for an extension of time. The stipulation is treated as a joint motion for an extension of time. The clerk shall file the opening brief and appendix received on January 24, 2002. Respondent/Cross-Appellant shall have 30 days from the date of this order to file and serve a combined answering brief on appeal and opening brief on cross-appeal. 02-03195
02/20/2002BriefFiled Opening Brief. Appellant/Cross-Respondent. Mailed on: 01/24/02 Reno-Carson Messenger. Signed by Jeffrey A. Dickerson. 02-01706
02/20/2002AppendixFiled Appendix to Opening Brief. Appellant/Cross-Respondent. Volumes I and II. 02-01709
03/21/2002BriefFiled Answering Brief. Respondent/Cross-Appellant. Mailed on: Hand delivered 03/21/02. Signed by: Michael Halley. 02-05033
03/21/2002AppendixFiled Appendix to Answering Brief. Respondent/Cross-Appellant. Vols. 1 and 2. 02-05034
04/11/2002MotionFiled Stipulation and Order. Brief due: May 20, 2002. 02-06470
05/21/2002MotionFiled Stipulation. (Second request). 02-08964
05/28/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed May 21, 2002. Appellants'/cross-respondents shall file and serve their combined reply brief on appeal and answering brief on cross-appeal by June 20, 2002. Respondent/cross-appellant shall have 30 days thereafter to file and serve a reply brief on cross-appeal. 02-09244
05/30/2002BriefFiled Reply Brief. Appellants/Cross-Respondents. Mailed on: Hand delivered 05/30/02. 02-09416
07/11/2002Case Status Update Briefing Completed. No Reply Brief filed/Cross-Appellant.
09/05/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on November 13, 2002, at 9:00 a.m. (En Banc)
10/14/2002Notice/OutgoingIssued Letter. to Washoe Court Clerk requesting transmission of Defendant's Exhibit 7: "Reno Redevelopment Meeting dated 9/13/99 (videotape)." 02-17693
10/29/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
11/13/2002Case Status Update Submitted for Decision. Before the En Banc Court. En Banc.
01/17/2003Order/ProceduralFiled Order. The Honorable Cliff Young, Senior Justice, is assigned to participate in the determination of this appeal and cross-appeal. The Honorable Mark Gibbons, Justice, will not participate in the decision of this case. EN BANC-Agosti, C.J., Shearing, Rose, Leavitt, Becker, and Maupin, JJ., Young, Sr. J. 03-00966
03/14/2003Opinion/DispositionalFiled Per Curiam Opinion. "Reversed." fn41[The Honorable Cliff Young, Senior Justice, having participated in the oral argument and deliberations of this matter as a Justice of the Nevada Supreme Court, he was assigned to participate in the determination of this appeal following his retirement. Nev. Const. Art. 6, sec. 19; SCR 10. The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] Before the Court EN BANC. Author: Per Curiam. Majority: Agosti/Maupin/Shearing/Rose/Leavitt/Becker/Young. 119 Nev. Adv. Opn. No. 9. EN BANC. 03-04313
04/08/2003RemittiturIssued Remittitur. Returned Exhibits: Defendant's Exhibit 7- Videotape this day. 03-04605
04/08/2003Case Status Update Remittitur Issued/Case Closed.
04/17/2003RemittiturFiled Remittitur. Received by County Clerk on April 9, 2003. 03-04605