LAS VEGAS — A lower court order that the city of Reno release documents dealing with land acquisitions for a downtown train trench was blocked Monday by the Nevada Supreme Court, the Associated Press reported.
The high court’s 3-page order stays Washoe District Judge Jerry Polaha’s decision Thursday to grant a request by the Reno Gazette-Journal for appraisal and acquisition documents for the $282 million project. Polaha said the project “needs sunlight cast upon it,” but the Supreme Court’s order said it doesn’t appear a stay pending outcome of the city’s appeal of his order will cause the newspaper “irreparable or serious injury.”
The court said the city acknowledges that the documents must be released once the right-of-way acquisitions are completed, and the newspaper still could get early access if the city loses its appeal before the deals are done.
“Despite the temporary delay, (the newspaper) and its readers will have ample opportunity to read about and monitor the city’s expenditures,” said Cliff Young, Miriam Shearing and Bob Rose, the three justices who signed the order.
The city fought the document release, arguing federal law requires the paperwork to remain confidential because federal funds are paying for a portion of the project. If the documents are turned over now and made public,”they cannot later be made confidential if the city prevails on appeal,” the Supreme Court said.
“If the city complies with the district court order, it risks losing federal funds that have been secured for the acquisition … and if it does not comply, it risks being held in contempt of court.”
“Either way, it appears that the city will suffer irreparable harm or serious injury if the stay is denied,” justices said.
Phil Bartlett, arguing last week for the newspaper, said the numbers should be released to ensure public accountability and open government.
“If there are cost overruns, it will be passed on to the taxpayers,” he said.
To build the 2.1 mile trench, the city must purchase 32 parcels of land and relocate 52 businesses.
Deputy City Attorney Jonathan Shipman said those property owners have a right to just compensation, and while the city is negotiating with them, appraisal figures used in the talks should remain secret.
The Supreme Court ordered an expedited briefing schedule in the case and said it will hold oral arguments on the city’s appeal in February.
Justices also allowed the Truckee Meadows Water Authority to file a friend-of-the-court brief in support of the city.