Tuesday, May 10, 2016, Oral Arguments

International Union of Painters and Allied Trades District Council 15 Local 159 vs. Great Wash Park, LLC
Docket Number: 67453
Las Vegas - Canyon Springs High School - 10:00 a.m. - J. Gibbons, J. Tao, J. Silver

International Union of Painters and Allied Trades District Council 15 Local 159 (Local 159) peacefully protested the use of non-union labor to build Phase 2 of Great Wash Park’s (GWP) Tivoli Village in Las Vegas, Nevada. As part of this protest, on three nights, Local 159 used a mobile light projector to project a message on the façade of one Tivoli Village’s buildings. The projector was on public property. The building used to show the image was owned by GWP and was on private property. The image noted health code violations of one the restaurants in Tivoli Village and could be seen from cars and passersby. Under the lease agreement between GWP and the restaurant, a portion of the base rent owed to GWP consists of a percentage of the restaurant’s sales. GWP, concerned that Local 159’s actions would impact the restaurant’s revenues, and thereby GWP’s rental income, filed a complaint for injunctive and declaratory relief and a motion for a temporary restraining order on an order shortening time. Local 159 filed an answer and opposition to the motion. The parties stipulated that Local 159 would cease the activity until the matter could be heard. The trial court granted the injunction.

ISSUES:

(1) Whether GWP’s claims that Local 159 interfered with business and trespassed on private property are preempted under federal labor law? (2) Whether projecting a light image from public property onto a private building’s façade constitutes a trespass in Nevada? (3) Whether the trial court’s injunction is an unconstitutional prior restraint on speech? (4) Whether there was sufficient evidence to support the court’s finding that GWP would suffer irreparable harm without the injunctive relief?

Disclaimer:

This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.

Olivera (Troy) vs. State
Docket Number: 68398
Las Vegas - Canyon Springs High School - 10:30 a.m. - J. Gibbons, J. Tao, J. Silver

A married couple returned home to find appellant Troy Donahue Olivera exiting their home through the front door. Police arrived at the home, apprehended Olivera, and directed him to remove the contents of his pockets. The couple identified several pieces of jewelry that belonged to them. The State later charged Olivera with burglary. After a four-day trial, a jury convicted Olivera of burglary.

ISSUES:

(1) Whether the district court erred by denying Olivera’s Batson challenge, (2) whether the district court erred by denying Olivera’s motion for a mistrial based on prosecutorial misconduct, (3) whether several jury instructions warrant reversal, (4) whether the district court reversibly erred by failing to notify the parties of a jury note during deliberations, (5) whether the district court had jurisdiction over the crime committed on May 3, 2014, and (6) whether cumulative error warrants reversal.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.