CARSON CITY — A group of real estate investors lost their bid Thursday to keep documents sought in a lawsuit over a failed Henderson development project confidential.

The Nevada Supreme Court refused to overturn a lower court order requiring Las Vegas Development Associates and Essex Real Estate Partners, along with other parties, to turn over the documents to KB Home Nevada in a dispute over a $60 million land acquisition deal at the Inspirada development in west Henderson.

The issue before the court was whether the investors were required to turn over what their attorneys said were privileged documents containing legal advice and litigation strategy to KB Home.

The Supreme Court, in a unanimous opinion, said such documents must be turned over if they are used in depositions, just as they must be provided when used in court proceedings.

The documents were referred to by Essex executive George Holman to refresh his memory when he gave a deposition in the case.

Attorneys for KB Home said state law is clear on the subject and requires documents used by a witness for such purposes to be turned over to the opposing side.

Attorneys for the developers said the documents were protected by attorney-client privilege.