As elsewhere stated, according to Emerson College v. City of Boston, at 391 Mass. 415, 424-425, 462 N.E.2d 1098, 1105 (1984), fees “based on the rights of (a governmental) entity as proprietor of the instrumentalities used,” are: 1. Charged “in … 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.” Therefore here we examine the circumstances under … Continue reading →
As we’ve elsewhere observed, 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” and “special assessments”). The distinction is not one that is always … Continue reading →
Many are of the opinion all local governments are empowered to adopt any “fees” of their choosing simply because they are “governments.” In fact, in Incline Village/Crystal Bay this opinion extends to monetary exactions of all kinds as long as … 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 →
As stated elsewhere, all general improvement district (“GID”) Boards have the power to “Fix, and from time to time increase or decrease: electric energy, cemetery, swimming pool, other recreational facilities, television, FM radio, sewer, water, storm drainage, flood control, snow … 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 →
But for a judicial confirmation petition which “pray(s for)…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 … Continue reading →
What remedies are available to a GID assuming one or more members of the public allege the former is exceeding its limited powers? The answer appears at NRS 43.100(1) which instructs that: “The governing body…(of a)…municipality…may file or cause to … Continue reading →
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 … Continue reading →