Category Archives: Legal Issues

Is The District in Violation of The Local Government Budget and Finance Act (“LGBFA”) Because of Its Failure to Create New Major Reporting Funds For Ski, Champ Golf And Possibly Mountain Golf?

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The answer is yes! As elsewhere stated, the District is subject to the LGBFA, and the Governmental Accounting Standards Board’s (“GASB’s”) standards. GASB Statement No. 34 instructs that “major funds are funds whose revenues, expenditures/expenses, assets, or liabilities (excluding extraordinary … Continue reading →

Why Isn’t Each Hotel/Motel Guestroom Within the Incline Village General Improvement District’s (“IVGID’s”) Boundaries Assessed a Separate Beach (“BFF”) and/or Recreation (“RFF”) Facility Fee?

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As elsewhere discussed, IVGID purchased the beaches from Crystal Bay Development Co.’s (“CBDC’s”) successor (Village Development Co., Inc.) on June 4, 1968. According to the express language in the beach deed, beach access was granted to the occupants of each … Continue reading →

Assuming Arguendo it is Permissible to Collect Beach (“BFF”) and/or Recreation (“RFF”) Facility Fees Against Dwelling Units vs. Parcels of Real Property, Why Isn’t Every Incline Village/Crystal Bay Dwelling Unit Assessed a BFF and/or RFF?

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Introduction: As discussed elsewhere, and not that we agree it is appropriate for the District to separately assess and collect multiple RFFs/BFFs against multiple dwelling units, assuming arguendo it is, there are literally hundreds of multiple dwelling units on single … Continue reading →

Why Are Parcels With Dwelling Units Assessed More Beach (“BFF”) and/or Recreation (“RFF”) Facility Fees Than Those Without, and is the Practice Permissible?

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Introduction: Not that we agree it is appropriate for the District to separately assess multiple RFFs/BFFs for multiple dwelling units on a single parcel, but assuming arguendo it is, this practice affects literally hundreds of multiple dwelling units on single … Continue reading →

Are IVGID’s Recreation (“RFF”) and Beach (“BFF”) Facility Fees Legitimate NRS 318.197(1) “Standby Service Charges…(Really) For The Availability of (Recreation) Services?

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If one examines the Incline Village General Improvement District’s (“IVGID’s”) revenue sources assigned to recreation but for the beaches, at least up until fiscal year 2019-20, one will discover that nearly 25% of operational revenue came from the Recreation Facility … Continue reading →