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IVGID 101

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  • IVGID PAST AND PRESENT
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Category Archives: Legal Issues

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How The Legislature Has Instructed We Construe The Powers a General Improvement District (“GID”) May Exercise

IVGID 101 Posted on May 18, 2023 by AdminFebruary 15, 2026

In order to answer the query, we begin with the proposition Statutory Construction: the meaning of a statute begins and ends with its literal words. Thus where a statute’s language is plain and unambiguous on its face, it is inappropriate … Continue reading →

How Courts Have Instructed We Construe The Powers a General Improvement District (“GID”) May Exercise

IVGID 101 Posted on May 18, 2023 by AdminFebruary 27, 2025

We have elsewhere discussed how the Legislature has instructed we construe the powers a GID may exercise. Here we discuss how courts have instructed the same query. Although there are a number of judicially recognized rules for interpreting statutes, here … Continue reading →

Is The Incline Village General Improvement District (“IVGID”) Exceeding The Powers it May Permissibly/Should Necessarily Be Exercising?

IVGID 101 Posted on May 18, 2023 by AdminSeptember 3, 2023

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 →

Remedies [Available to a General Improvement District (“GID”)] to Address Questions of Whether it is Exceeding or Plans to Exceed its Permissible Powers

IVGID 101 Posted on May 18, 2023 by AdminOctober 6, 2023

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 →

Remedies (Available to The General Public) to Address Questions of Whether a General Improvement District (“GID”) is Exceeding or Plans to Exceed its Permissible Powers

IVGID 101 Posted on May 17, 2023 by AdminOctober 6, 2023

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 →

Are The District’s Recreation (“RFF”) And Beach (“BFF) Facility “Fees” Really “Fees,” or Are They “Taxes?”

IVGID 101 Posted on May 17, 2023 by AdminApril 4, 2026

They’re taxes. And what follows are the reasons why. As we’ve demonstrated elsewhere, “each year the District establishes…annual Recreation…and Beach Facility Fee(s)…collected from property owners within the District through a levy placed on the(ir) property tax bill(s). As part of the … Continue reading →

X – Are The District’s Recreation (“RFF”) And Beach (“BFF) Facility “Fees” Really “Taxes?”

IVGID 101 Posted on May 17, 2023 by AdminApril 4, 2026

They’re taxes. And what follows are the reasons why. As we’ve demonstrated elsewhere, “each year, the District establishes…annual Recreation…and Beach Facility Fee(s)…collected from property owners within the District through a levy placed on the(ir) property tax bill(s)…As part of the … Continue reading →

Assuming Arguendo The District’s Recreation Facility Fee (“RFF”) is Actually a “Fee,” is it The Mere “Recreation Standby And Service Charge…For The Availability of The Use of IVGID’s” Public Recreation Facilities Staff/Its Current/Past Boards Represent/Have Represented?

IVGID 101 Posted on May 17, 2023 by AdminApril 3, 2026

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 →

Assuming Arguendo The District’s Beach Facility Fee (“BFF”) is Actually a “Fee,” is it The Mere “Recreation Standby And Service Charge…For The Availability of The Use of IVGID’s Beaches” Staff/Its Current/Past Boards Represent/Have Represented?

IVGID 101 Posted on May 17, 2023 by AdminApril 3, 2026

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 →

Are The District’s Recreation (“RFF”) And Beach (“BFF”) Facility “Fees” Valid Given The Process By Which They Were Adopted Deprived Those Whose Real Properties Were Involuntarily Assessed Due Process?

IVGID 101 Posted on May 16, 2023 by AdminApril 20, 2026

In a word, no! As we’ve elsewhere stated, given “the Nevada Constitution is The ‘Supreme Law of The State which `control[s] over any conflicting statutory provisions,’” “it is fundamental to our federal, constitutional system of government that a State legislature … Continue reading →

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