↓
 

Do The District’s Recreation (“RFF”) And Beach (“BFF”) Facility Fees Violate Article 4, Sections 20-21 of The Nevada Constitution?

IVGID 101 Posted on by

We begin our discussion with the acknowledgment that “the Nevada Constitution is the ‘supreme law of the state,’ which ‘control[s] over any conflicting statutory provisions.'”1 As such “we recognize that the Legislature is endowed with considerable lawmaking authority under Article 4, Section 1 of the Nevada Constitution. But that authority is not without some restraints. Two such restrictions are contained in” Article 4, sections 20-21 of the Nevada Constitution2 

Article 4, sec. 21 of the Nevada Constitution instructs that

“In all cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be…of uniform operation throughout the State.”

The preceding section, Article 4 sec. 20, instructs in part that

“The legislature shall not pass local or special laws in any of the following enumerated cases…for the assessment and collection of taxes for state, county, and township purposes.”

So the question: Do the RFF/BFF violate these provisions of the Nevada Constitution? For the reasons which follow, we answer yes!

  1. Thomas v. Nev. Yellow Cab Corp., 130 Nev., Adv. Op. 52, 327 P.3d 518, 521 (2014).
  2. See Clean Water Coalition v. M Resort, LLC, 127 Nev. 301, 305, 255 P.3d 247 (2011).

Comments are closed.

↑