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.

LAS VEGAS – (February 18, 2014) James J. Pisanelli and Todd L. Bice, founding partners of Pisanelli Bice PLLC, announced today that attorney M. Magali Calderon recently received the prestigious Martindale-Hubbell® AV Preeminent® Peer Review Rating. The AV Preeminent® peer review rating is the highest rating in legal ability and ethical standards, and a recipient must demonstrate the highest professional excellence an individual can receive from Martindale-Hubbell®.

Calderon’s rating will be displayed on Martindale.com and Lawyers.com.

The Martindale-Hubbell® Peer Review Ratings™ system is based on the confidential opinions of members of the bar and judiciary regarding their peers’ legal ability and general ethical standards. LexisNexis Martindale-Hubbell facilitates peer reviews on a continuous basis, conducting reviews randomly or by request of a lawyer. The Peer Review Ratings™ is a complimentary service to the bar that enables members of the legal community to benefit from the candid and objective peer-to-peer feedback of other lawyers.

It could be a while before there is a ruling in the trial concerning the canceled solar energy plant BrightSource Energy once proposed for the Coyote Springs development.

On a Friday conference calls with attorneys in the case, Clark County District Judge Elizabeth Gonzalez said part of her decision revolves around whether former developer Harvey Whittemore must testify about conversations with Coyote Springs attorneys. During a break in a Feb. 27 deposition, Whittemore conferred for about five minutes behind closed with attorney James Pisanelli behind closed doors.

During the trial in December, BrightSource attorney Peter Bernhard questioned Whittemore about the meeting while he was on the witness stand. When Gonzalez said she would allow the questions, Pisanelli appealed to the Nevada Supreme Court contending that the question violated attorney-client privilege.

Gonzalez said on Friday that she would write parts of her ruling that do not involve Whittemore, then wait for the Supreme Court to rule on the privilege issue before finishing.