Nevada Revised Statutes 540A.285 – Determination by board conclusive and incontestable in absence of fraud or gross abuse of discretion; review of determination by district court
1. A determination by the board pursuant to NRS 540A.250 to 540A.285, inclusive, including a determination of the boundaries of a district for remediation or any expansion thereof, determination of the costs of developing or carrying out a plan for remediation, determination of the apportionment of the fee to recover those costs pursuant to NRS 540A.265, determination of the amount of any fee or tax pursuant to NRS 540A.265, determination as to guidelines for the provision of any reimbursement of the cost of remediation pursuant to NRS 540A.270, determination of the amount of any reimbursements and any determinations made in connection with the issuance of bonds pursuant to NRS 540A.267, is conclusive and incontestable in the absence of fraud or gross abuse of discretion.
Terms Used In Nevada Revised Statutes 540A.285
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the board of county commissioners. See Nevada Revised Statutes 540A.010
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Fraud: Intentional deception resulting in injury to another.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- plan: means the plan developed by a regional water commission created by special act. See Nevada Revised Statutes 540A.010
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Uphold: The decision of an appellate court not to reverse a lower court decision.
2. A property owner or other person who is aggrieved by a determination of the board pursuant to NRS 540A.250 to 540A.285, inclusive, may seek review of the determination in the district court in and for the county within 15 days after the board makes the determination. Such a review may not be sought after the expiration of that period. If, in such an appeal, the court finds that the determination was a result of fraud or gross abuse of discretion, it shall remand the matter to the board for a new determination. If the court does not find the determination was a result of fraud or gross abuse of discretion, it shall uphold the action of the board.