Category Archives: Legal Issues

Do The District’s Recreation (“RFF”) And Beach (“BFF”) Facility Fees Represent “Service Charges…For The Availability of” Its Beaches And Public Recreation Facilities As Staff And Past/Current Boards Have Represented/Represent?

IVGID 101 Posted on by

Given the Incline Village General Improvement District (“IVGID”) tells us its Recreation (“RFF”) and Beach (“BFF”) Facility Fees represent “Service charges…(for) the availability of the use of IVGID’s beaches; boat launch ramp; Championship golf course; Mountain golf course; tennis facilities; … Continue reading →

Can The Incline Village General Improvement District (“IVGID”) Be Disregarded as a “Governmental Subdivision of The State of Nevada,” And Treated as a Portfolio of Commercial For Profit Business Enterprises?

IVGID 101 Posted on by

When it comes to utility water, sewer and solid waste collection/disposal rates and charges in particular, any limitations are an expansion of the rules for fees in general (see discussion above). Which means those rules are really an expression of … Continue reading →

Can The Incline Village General Improvement District (“IVGID”) Be Disregarded as a “Governmental Subdivision of The State of Nevada,” And Treated as an Homeowners’ Association (“HOA”)?

IVGID 101 Posted on by

We can’t tell you how many times we’ve had to listen to past District General Managers (“GMs”) and senior staff who compare IVGID to an HOA. Specifically, the Tahoe-Donner HOA (“TDHOA”). That’s because we don’t neatly compare to any other … Continue reading →

Is The Incline Village General Improvement District’s (“IVGID’s”) Recreation Facility Fee (“RFF”) The “Recreation Standby And Service Charge…For The (Mere) Availability of The Use of” Its Public Recreation Facilities Staff And Past/Current Boards Have Represented/Represent? Or is it Just Another Creative Means of Involuntarily Exacting Revenue From Local Parcel Owners?

IVGID 101 Posted on by

In a word, no. There are many reasons why not. Consider the following: What The District Tells Us The RFF Represents: As we’ve elsewhere discussed, “Each year as part of the annual budget process the Board traditionally approves a Resolution … Continue reading →

Is It Permissible For The Incline Village General Improvement District (“IVGID”) to Disregard The “Paid by Choice” Factor Applicable to Nearly All Fees When it Comes to Assessment And Collection of Its Recreation Facility Fee (“RFF”)?

IVGID 101 Posted on by

As a precursor to this topic, we refer the reader to our Circumstances Under Which The “Paid by Choice” Factor Applicable to Nearly All Fees Can Be Disregarded discussion. Which discusses those limited instances where the voluntariness of payment pillar … Continue reading →

Is The Incline Village General Improvement District’s (“IVGID’s”) Beach Facility Fee (“BFF”) The “Recreation Standby And Service Charge…For The (Mere) Availability of The Use of IVGID’s Beaches” Staff And Past/Current Boards Have Represented/Represent? Or is it Just Another Creative Means of Involuntarily Exacting Revenue From Local Parcel Owners With Beach Access?

IVGID 101 Posted on by

In a word, no. Similar to our discussion regarding the District’s Recreation Facility Fees (“RFFs”), there are many reasons why not. Consider the following: What The District Tells Us The BFF Represents: As we’ve elsewhere discussed, “Each year as part … Continue reading →

Is It Permissible For The Incline Village General Improvement District (“IVGID”) to Disregard The “Paid by Choice” Factor Applicable to Nearly All Fees When it Comes to Assessment And Collection of Its Beach Facility Fee (“BFF”)?

IVGID 101 Posted on by

As a precursor to this topic, we refer the reader to our Circumstances Under Which The “Paid by Choice” Factor Applicable to Nearly All Fees Can Be Disregarded discussion. Which discusses those limited instances where the voluntariness of payment pillar … Continue reading →