Courts have oftentimes been asked to define the characteristics of a “fee,” and how they differ from other kinds of monetary exactions such as “taxes.” The distinction is not one that is always observed with nicety in the judicial decisions … Continue reading →

An otherwise legitimate “fee” can be transformed into an impermissible special “tax” because “The Legislature’s law-making authority is…not unlimited (and)…courts are obligated to enforce the limitations that the Constitution imposes upon legislative acts,” Here we examine the circumstances under which … Continue reading →

Given NRS 318.197(1) gives GID Boards the power to fix “rates, tolls and charges,” here the question: are there limits on the “fees” a GID Board is authorized to fix and change, and if so, what are they? As with … Continue reading →

Well it depends upon what type of “fee” we’re talking about. For instance, Generic Fees: If it’s a generic “fee,” which no other statute specifically addresses, all that’s required is a mere Board majority. Water And Sanitary Sewer Fees: If … Continue reading →