Nevada Attorney General’s Office Hosts Live Web Chats

Nevada Attorney General’s Office Hosts Live Web Chats

  • November 20, 2014

Earlier this month, the Nevada Attorney General’s office began hosting a series of live web chats. These events are an initiative of the Home Again: Nevada Homeowner Relief Program. They give Nevadans the opportunity to ask housing counselors about first-time home ownership, credit restoration, loan modification, eligibility for down-payment assistance and other free resources available to all Nevadans. Housing counselors from The Financial Guidance Center, a HUD-approved agency, will address all questions that come through the live web chat.

The final session of these web chats will take place Tuesday, November 25. If you are interested in participating, visit the Home Again website on Tuesday, November 25 between 10 a.m. and 12 p.m. and click on the “Web Chat” button, located on the bottom right side of the home page.

IVGID Beach Access Suit Rejected by Nevada Supreme Court

  • November 12, 2014

In 2008, two lawsuits challenging Incline Village General Improvement District’s (IVGID) policies regarding access to the District’s beaches were filed. One lawsuit was filed by Frank Wright in federal court. The other case, also filed in early 2008, was filed in a Nevada state court by Steven Kroll.

IVGID ultimately prevailed in Mr. Wright’s lawsuit, which sought access to IVGID’s beaches based on his alleged rights under the federal Constitution, citing freedom of speech, freedom of assembly and equal protection, etc. Several years ago, the federal district judge granted IVGID’s motion for summary judgment, thereby dismissing Mr. Wright’s case entirely, and the Ninth Circuit United States Court of Appeals affirmed the summary judgment in IVGID’s favor.

In the separate case filed by Mr. Kroll, IVGID initially moved the case to federal court where, eventually, a different federal district judge applied all the same reasoning that was applied to dismiss Mr. Wright’s case, and, accordingly dismissed all of Mr. Kroll’s federal constitutional claims and then returned the case back to the Second Judicial District Court (our Nevada state court in Reno), for further proceedings regarding Mr. Kroll’s state law claims.

A little more than two years ago, the state district court in Reno granted IVGID’s motion for summary judgment, disposing all state law-based claims asserted by Mr. Kroll. Thereafter, Mr. Kroll appealed to the Nevada state Supreme Court. Mr. Kroll’s appeal has been pending since October, 2012.  On Monday, November 10, 2014, 25 months after Mr. Kroll filed his appeal, our state Supreme Court entered its ORDER OF AFFIRMANCE, which you can read here by scrolling to the bottom and referencing document #14-36978The Order of Affirmance was issued by all of the court’s seven justices unanimously. It is not a published decision which means it cannot be cited as precedent in future cases, although the legal analysis and argumentation as set forth in the Order of Affirmance can certainly be used again should the need arise. The Order of Affirmance indicates the court’s unanimous and sweeping rejection of all claims asserted by Mr. Kroll under Nevada state law, including his key assertion that IVGID’s statutory authorization to acquire and manage facilities for public recreation absolutely precluded IVGID from restricting beach access to certain property owners.

With this Order of Affirmance, and after nearly seven years, the ongoing uncertainty raised by this remaining legal challenge to IVGID’s beach access policies is now gone.