Three lot owners sued to void a $1,400 special assessment that a homeowners association levied on each lot to rebuild a seawall. Attorney represents the association in the trial court of the state whose law governs. Six weeks before argument, Attorney read a ruling handed down by that state's highest court: an assessment of this kind is valid only after a two-thirds vote of the owners, a vote the board skipped. Attorney has a genuine distinction ready: the seawall in that case protected a public beach, while this one shelters private lots. The brief filed by counsel for the three owners rests on four intermediate appellate decisions and stops there. Attorney plans to argue that the assessment stands and to hold the distinction in reserve for oral argument. Must Attorney cite the highest court decision in the brief?