Category Archives: Legal Issues

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 →

Do The District’s Central Service Charges Represent Payment For Necessary And Reasonably Priced Services Staff And Past/Current Boards Have Represented/Represent? Or Do They Simply Cover The Financial Shortfall Caused by Out-of-Control Overspending?

IVGID 101 Posted on by

As we’ve elsewhere discussed, central services represent The “core services almost all (governments require in order)…to support their operations and mission provided by a central service provider.” And in Nevada, the costs associated with those services are limited to “Only (an) … Continue reading →

Do The District’s Solid Waste Franchise Fees Represent Permissible “Rates, Tolls or Charges…For…Garbage or Refuse…Services or Facilities Furnished” Staff And Past/Current Boards Have Represented/Represent? Or Are They Just Another Creative Means of Involuntarily Exacting Revenue From Local Parcel Owners?

IVGID 101 Posted on by

As we’ve elsewhere stated, assuming the District’s solid waste “franchise fees” are actually fees, it would appear that the District’s solid waste franchise fees are permissible because NRS 318.116(13) gives general improvement districts (“GIDs”) the basic power to “Furnish…facilities for … Continue reading →

X – Do The District’s Central Services Cost Transfers Represent Payment For The Central Services Allegedly Furnished Staff And Past/Current Boards Have Represented/Represent? Or Are They Just More Impermissible Taxes?

IVGID 101 Posted on by

In a word no! As we’ve elsewhere discussed, central services represent The “core services almost all (governments require in order)…to support their operations and mission provided by a central service provider.” And in Nevada, the costs associated with those services … Continue reading →