Kroll vs. Incline Village General Improvement District, et al.

Plaintiff's Opposition to Motion to Dismiss Civil Rights Complaint

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"'Wishful thinking' would be the most charitable spin one could put" on Defendants' claim that "Plaintiff does not appear to dispute that joinder of these additional parties may well be necessary" under the FRCP Rule 19 Indispensable Parties-based part of their Motion to Dismiss replies the Plaintiff. He points to "the actual words" of Paragraph 86 of his First Amended Complaint: "plaintiff is of the belief and thereon alleges that this Complaint does not, in fact, adversely effect any property rights claimed by the 1968 Deedholders requiring their presence as parties." "That Defendants would raise this issue was, to put it mildly, not unanticipated" says Plaintiff's Opposition Memo. "This attempt to meld public and private into one indistinguishable and inseparable mass was part and parcel of the 'sweetheart deal' between the Developers of Incline Village and the Trustees of the Improvement District back in the 1960s when the idea of transferring the Beach Properties was first concocted." "By inserting the Restrictive Covenant into the 1968 Deed of Sale to the District … the Developers could accomplish through public means what they had failed to bring off with private money, namely the creation of a private beach on the crystalline shores of Lake Tahoe for the exclusive use of the developers' Incline Village home buyers". "And with such a deal came the bonanza of being able to enjoy these exclusive properties as if they were Private Beaches (the District so labels them today), but without having to pay the thousands and millions of dollars of property taxes that would otherwise be due from a Private owner because the District, as a public body, is exempt from such taxes."

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Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 9th Circuit, Nevada | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Steven Kroll, Law Office of Steven E. Kroll | Attorney Advertising

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