What remedies are available to members of the general assuming one or more allege the District is exceeding its limited powers? The answer is simple. There are none! Some years ago a member of the public brought suit against the Incline Village General Improvement District (“IVGID”) challenging the propriety of a number of powers the latter had exercised. Listen to what former Judge Flanigan had to say about the member of the public’s right to sue:

“The relief (plaintiff) requests is unavailable under…NRS Chapter 318.”¹

Notwithstanding the law is clear that whenever “there is a wrong, there is a remedy,”² when it comes to IVGID apparently there is no remedy. So now you know!

1. See that judgment on the pleadings/dismissal granted in IVGID’s favor on August 22, 2012 in Nevada Second District Court Action No. CV11 – 01380. This judgment was affirmed on appeal to the Nevada Supreme Court.
2. “Th(is) maxim states that if any wrong has been committed, the law provides a remedy. In simple terms, the law specifies a remedy for every wrong…When a person’s right is denied, the law affords the remedy of an action for its enforcement. Thus, this right to a remedy includes a right of action. The maxim also states that the person whose right has been infringed has the right to enforce the infringed right through any action before the court” (see the maxim Ubi Jus Ibi Remedium).