Category Archives: Legal Issues
How The Legislature Has Instructed We Construe The Powers a General Improvement District (“GID”) May Exercise
Historically, at least under Nevada law, the exercise of powers by the governing bodies of a county, incorporated city and other local governments (like GIDs) have been governed by the common-law rule on local governmental power known as Dillon’s Rule. … Continue reading →
How Courts Have Instructed We Construe The Powers a General Improvement District (“GID”) May Exercise
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 →
Techniques District Staff Use to Hide Their Excessive Fund/Sub-Fund Overspending
Allocating The Cost Amongst Multiple Funds/Sub-Funds, Whether or Not The Allocation is Justified: The Recreation (“RFF”) and Beach (“BFF”) Facility Fees, and the water/sewer utility rates local parcel owners involuntarily pay. But annual audits of all local governments’ financial statements … Continue reading →
Can IVGID Give Away Dedicated Use of a Portion of the Rec Center to a Favored Third Party Collaborator (Here the Boy’s and Girl’s Club of North Lake Tahoe)?
This topic is about the giveaway of the public’s facilities, programming and other assets to a staff determined favored third party “collaborator” at local parcel owners’ expense. And here it just so happens to be the Recreation Center, and the … Continue reading →
VI. Is IVGID’s “Fuels Management” or “Defensible Space” Charge a Permissible Fee, or is it Just Another Impermissible Tax?
As we have discussed elsewhere, the only basic powers a general improvement district (“GID”) may legitimately exercise (including the power to fix fees and assess taxes) are those expressly granted in its initiating and supplemental ordinance(s) “as supplemented by the … Continue reading →
Why Isn’t Every Incline Village/Crystal Bay Parcel Assessed Beach and/or Recreation Facility Fees?
Introduction: Many Incline Village/Crystal Bay parcel owners are under the impression all of their neighbors’ parcels are being assessed the same BFFs and/or RFFs as their parcels are being assessed. After all, if you believe the District’s representations that its … 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?
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?
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?
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 →