UPPER SOUTH EAST COMMUNITIES COALITION, INC - Environmental Preservation Group in Washoe County
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October 19, 2015

October 19, 2015

Today was our hearing at the 9th Circuit Court of Appeals, and as stated in previous updates as something that could happen, the court did not make a decision today.  

Our legal team did an excellent job of presenting the case that the District Court Judge misinterpreted the law when denying our request for a preliminary injunction on June 3rd.  

The Coalition was unaware that the 9th Circuit streamed their hearings live and did not know to inform you, so we are attaching a link for you to view the proceedings yourself on youtube:

Skip to 1:36.45 to view the Coalition legal team presenting our case.
None of the cases heard today received resolution on the spot.  If the Court tended to agree with us, there could be a ruling within a few days.  If they do not agree with us, then it could take longer. We want to give you the process of what could happen now.  

  • The 9th Circuit could not agree with us at all and then our next option would be the Merits Hearing in about 6 months with the same District Court Judge that denied us the preliminary injunction on June 3rd.  Meanwhile construction continues.
  • The 9th Circuit could agree with us, but send the case back to the District Court for that judge to revisit his ruling with a "technical" slap on the wrist.  If this were to happen then we would have a very short time frame before we were back at District to have the judge review.  If he then agrees with what we present, he could issue the preliminary injunction that will stop construction until the Merits Hearing.
  • The 9th Circuit could agree with us, and issue the preliminary injunction themselves and then construction would have to stop until we get to our Merits Hearing at District Court.

So now everyone waits until the 9th Circuit issues their decision.  RTC can continue work as we all wait.  Of course we will let everyone know as soon as we know.  Just a reminder, as soon as the CLOMR is released, RTC can begin construction-destruction in the Rosewood Lakes Golf Course 

Meanwhile, we wanted to point out to everyone the story in Sundays paper on the SEC where RTC states that construction at this time is employing 50 people and if they prevail, they will be able to ramp up to 150 people.  We were wondering if you all remember like we do, RTC claiming from just after the time of the economic crash (about 2009) to the Reno City Council and others, that this project would create thousands of jobs.  Councilman Dortch mentioned it over and over again when RTC was seeking City approvals.  

Well, well, well.  Imagine that. 

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