Are The District’s Recreation (“RFF”) And Beach (“BFF”) Facility “Fees” Valid Given The Process By Which They Were Involuntarily Adopted is The Equivalent of a Local or Special Law And/Or One Not Capable of Uniform Operation Throughout The State?

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In a word, no! 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 (or here a limited … Continue reading →

Has The District Acknowledged Its Recreation (“RFF”) And Beach (“BFF”) Facility Fees Are Actually “Taxes” Because of The Previous Change in Community Services And Beach Fund Accounting?

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In a word, yes! Preface: Before we begin, we suggest the reader familiarize him/herself with the District’s Fund Structure. For purposes of this discussion we feel the reader needs understand the District’s Community Services and Beach Funds. So with that … Continue reading →

Are The District’s Recreation (“RFF”) and Beach (“BFF”) Facility “Fees” Actually “Taxes” Because Their Primary Purpose is to Generate Revenue?

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Because the RFF/BFF do not satisfy the minimum requisites for a legitimate “fee,” as we’ve elsewhere demonstrated, they do not qualify as “annexation charges.” Nevertheless, let’s assume arguendo the RFF/BFF can be “fees.” As we’ve elsewhere documented, according to staff … Continue reading →

Can The District’s Recreation (“RFF”) And Beach (“BFF”) Facility “Fees” Be Saved as “Rates, Tolls or Charges…For Services or Facilities Furnished by The District?”

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Because the RFF/BFF do not satisfy the minimum requisites for a legitimate “fee,” as we’ve elsewhere demonstrated, they do not qualify as “rates, tolls or charges…for services or facilities furnished by the district.” Nevertheless, let’s assume arguendo the RFF/BFF can … Continue reading →

Can The District’s Recreation (“RFF”) And Beach (“BFF”) Facility “Fees” Be Saved as “Charges For The Availability of (Recreation) Service(s)?”

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Because the RFF/BFF do not satisfy the minimum requisites for a legitimate “fee,” as we’ve elsewhere demonstrated, they do not qualify as “charges for the availability of service.” Nevertheless, let’s assume arguendo the RFF/BFF can be “fees.” Here we address … Continue reading →

Assuming Arguendo The District’s Recreation (“RFF”) And Beach (“BFF”) Facility “Fees” Are Actually “Fees,” Yet Not Legitimate “Standby Service Charges,” Can They Be Saved as NRS 318.197(1) “Charges For The Availability of” Recreation Facilities?

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Because the RFF/BFF do not satisfy the minimum requisites for a legitimate “fee,” as we’ve elsewhere demonstrated, they do not qualify as “charges for the availability of” facilities. Nevertheless, let’s assume arguendo the RFF/BFF can be “fees.” As we’ve elsewhere … Continue reading →