Courts have oftentimes been asked to define the characteristics of a “tax,” and how they differ from other kinds of monetary exactions such as “fees.” The distinction is one that is not always observed with nicety in judicial decisions. Notwithstanding, … 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 questions: 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 →
As elsewhere stated, according to Emerson College v. City of Boston, 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 exchange … 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 →
Given Board Policy Nos. 6.2.0.3.0 and 6.2.0.4.0 instruct that “The District establishes, through the annual budget process, a Recreation…(as well as) a Beach Facility Fee(s) assessed on eligible parcels and/or dwelling units within the District…to (financially) support the Beaches (and)…Community Services facilities, venues, services, and … Continue reading →
In a nutshell, taxes. Not fees, but taxes. And invalid ones no less! Nevertheless, let’s not go there…yet. Let’s assume for purposes of argument the RFF/BFF are fees. Fees “based on the rights of (a governmental) entity as proprietor of … Continue reading →
As elsewhere stated, staff and past IVGID Boards have told us what the RFF/BFF allegedly pay for. Here we share how they’re able to levy and collect them against local parcels. As the reader will see, it’s a three (3) … Continue reading →