IN THE NINTH JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA
IN AND FOR DOUGLAS COUNTY
KINGSBURY GENERAL IMPROVEMENT
DISTRICT, a political subdivision of the State
of Nevada,
Petitioner.
Case No.: 2024-CV-00197
Dept. No.: II
NOTICE OF FILING PETITION FOR
JUDICIAL CONFIRMATION
TO ALL INTERESTED PARTIES:
NOTICE IS HEREBY GIVEN that Petitioner
Kingsbury General Improvement District, a
general improvement district duly formed under
NRS 318 and a political subdivision of the State
of Nevada, has filed in the above-named court
a Petition For Judicial Confirmation pursuant
to Chapter 43 of the Nevada Revised Statutes.
The petition was filed on September 17, 2024.
NOTICE IS FURTHER GIVEN that a hearing
on the petition has been fixed by said Court for
November 4, 2024, at the hour of 1:30 pm, or
as soon thereafter as counsel may be heard,
in Department II of the Ninth Judicial District
Court, Douglas County, 1038 Buckeye Road,
Minden, Nevada.
NOTICE IS FURTHER GIVEN that the
following is a brief outline of the contents of the
petition:
1. Petitioner asserts that under the ordinances
adopted by Douglas County forming the
Kingsbury General Improvement District, the
district is neither authorized nor empowered
to conduct actions for protection against fire,
including clearing land around fire hydrants
of snow and other obstructions where those
hydrants are on property not owned by KGID.
2. Petitioner further asserts in the petition
that other districts formed pursuant to NRS 318
lack the authority to compel the Kingsbury General
Improvement District to conduct activities
that another district has been duly formed to
carry out.
3. Petitioner further asserts in the petition
that the Kingsbury General Improvement
District may not be cited for a misdemeanor violation
of NRS 477.250 for declining to remove
snow and other obstructions from around fire
hydrants situated on private property or public
property not owned by the Kingsbury General
Improvement District.
4. The Petition requests the court to confirm
that the powers of Kingsbury General Improvement
District are limited to those delegated to it
by ordinances duly adopted by Douglas County
pursuant to NRS Chapter 318 and that the
district has no authority or power to conduct any
other activities not specifically delegated to it by
those ordinances.
PETITIONER FURTHER GIVES NOTICE
that pursuant to NRS 43.130 any owner of
property lying within the Kingsbury General
Improvement District or any other person interested
in the power, instrument, act or project
described in the petition, or otherwise interested
in the premises thereof, may appear and move
to dismiss or answer the petition at any time
prior to the date fixed for hearing, or within such
further time as may be allowed by the court.
PETITIONER FURTHER GIVES NOTICE
that the petition shall be taken as confessed by
all persons who fail to so appear.
PETITIONER FURTHER GIVES NOTICE
that a copy of the petition and any instrument
therein mentioned may be examined at the
office of the Clerk of the Ninth Judicial District
Court, 1038 Buckeye Road, Minden, Nevada
89423 and at the office of the Kingsbury General
Improvement District, 160 Pine Ridge Drive,
Stateline, Nevada 89449.
This notice shall be served by publication, at
least once per week for five consecutive weeks,
in the Douglas County Record Courier and by
posting of this notice in the office of Kingsburg
General Improvement District at least 30 days
prior to the hearing date fixed in this notice.
Dated: September 20, 2024
OSHINSKI & FORSBERG, LTD.
By: __/s/_________________
MARK FORSBERG, ESQ.
504 E. Musser St., Ste. 202
Carson City, NV 89701
Pub Date:
September 25, October 2, 9, 16, 23, 2024
Ad # 46672