In December 2018, Greyhound Lines, Inc. (Greyhound), filed a lawsuit against the City of Sparks, seeking to compel the City to give Greyhound a business license to operate in Centennial Plaza, located at 1421 Victorian Avenue. On December 21, 2018, the District Court issued a temporary restraining order compelling the City to give Greyhound a provisional business license. A business license was therefore issued on December 24, 2018. A hearing regarding whether the temporary restraining order should be kept in place as a preliminary injunction was held on January 8, 2019. On January 22, 2019, the District Court issued the preliminary injunction, which enables Greyhound to continue operating in Centennial Plaza during the litigation.

Although a preliminary injunction is not a final order or judgment, an order issuing a preliminary injunction may be appealed within thirty (30) days. This agenda item informs the City Council of its right to appeal and gives the City Council the opportunity to decide whether to appeal from the District Court’s preliminary injunction.
 

The City Council may direct the City Attorney to either: (1) appeal from the District Court’s order issuing the preliminary injunction, or (2) refrain from appealing the preliminary injunction and continue to defend the City’s interests in District Court.
 

If the City Council chooses to appeal from the preliminary injunction, the motion should be stated as follows: I move to direct the City Attorney to appeal from the preliminary injunction issued in Greyhound Lines, Inc. v. City of Sparks, Case Number CV18-02394.

If the City Council chooses not to appeal from the preliminary injunction, the motion should be stated as follows: I move to direct the City Attorney to refrain from appealing from the preliminary injunction issued in Greyhound Lines, Inc. v. City of Sparks, Case Number CV18-02394.