Remedies [Available to a General Improvement District (“GID”)] to Address Questions of Whether it is Exceeding or Plans to Exceed its Permissible Powers
What remedies are available to a GID assuming one or more members of the public allege the former is exceeding its limited powers1? The answer appears at NRS 43.100(1) which instructs that:
“The governing body…(of a)…municipality2…may file or cause to be filed a petition…in the district court in and for any county in which (it)…is located or any act or project is (to be) undertaken, wholly or in part, praying (for) a judicial examination and determination of the validity of any power conferred or of any instrument, act or project of the municipality, whether or not such power has been exercised, such instrument has been executed or otherwise made or such act or project has been taken.”
So there you go! Easy-peasy! But does anyone really think the IVGID Board would ever file such a petition? If so we have some bridges in Incline Village you might be interested in purchasing.
- Remember that as elsewhere discussed, GIDs are limited purpose special districts along the lines of vector control (mosquitos), library, fire, water, sewer and cemetery districts.
- For purposes of NRS 43.100, GIDs are municipalities [the term “municipality means…any…general improvement district…or any other body corporate and politic of the State of Nevada” (see NRS 43.080)].