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

First Amended Complaint for Damages & Equitable Relief, Fed. Civil Rights Violations, etc.

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The fifth wealthiest zip code in the nation has a cushy deal for itself, and it doesn’t want that nasty old First Amendment and Equal Protection stuff mucking it up!

For 40 years now, residents of Incline Village, Nevada (zip 89451) have put “Private Beach” signs on a truly magnificent strip of publicly-owned tax-exempt Lake Tahoe waterfront property worth more than $100 million today, and used it as their own exclusive preserve.

The “Beach Properties” were bought in 1968 by the Incline Village General Improvement District (IVGID), a Nevada governmental body established to provide water, sewer, and recreation services to its members. A sweetheart deal between the cash-strapped Developers and the Trustees of IVGID inserted a Restrictive Covenant into the 1968 Deed permitting only property owners of the District as it existed in 1968 to access the Beach Properties, and ever since the District has turned away not only members of the general public, but even members of the District itself whose property lay outside the 1968 boundaries. One such has filed a 50-page Complaint for Damages alleging a variety of legal wrongs by Trustees apparently willing to do anything to prevent the public’s access to these beautiful Beaches.

The Complaint does not mince words. One example, ¶52 alleges: “Holding out the BEACH PROPERTIES as private when excluding plaintiff and other members of THE DISTRICT similarly situated therefrom and in the same breath holding out the BEACH PROPERTIES as public when a financial advantage is to be gained thereby in favor of the THE DISTRICT and the 1968 Deed holders constitutes a knowing, deliberate, and completely impermissible governmental shell game which fraudulently benefits a majority of IVGID’s membership at the expense of the minority, and is so obviously wrong in the light of preexisting law that only a plainly incompetent officer or one who was knowingly violating the law would have done such a thing.”

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Reference Info: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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