Nevade Supreme Court upholds decision; citizen to pay for IVGID fees
INCLINE VILLAGE, Nev. — The Nevada Supreme Court affirmed a lower court’s decision that a local resident is required to pay Incline Village General Improvement District’s attorney fees and costs.
According to the court’s decision on Nov. 21, Aaron Katz claimed because he was suing a government entity, the First Amendment protected him from liability for attorney’s fees.
The court found that liability for attorney’s fees is not covered as a civil liberty.
The judgment went on to say his right to petition the government was not violated, “it merely requires that Katz bear the costs incurred in exercising his rights.”
Katz also claimed he was protected by Nevada’s anti-SLAPP statutes which provides a, “procedural mechanism for parties to seek dismissal of meritless lawsuits that chill free speech ‘before incurring the costs of litigation.’”
According to the judgment, the court did not think it was a meritless lawsuit and “Even if it were, Katz did not file a special motion to dismiss IVGID’s motion for attorney fees and costs.”
The high court agreed the district court was correct when it awarded IVGID $226,466.80 in attorney fees and $2,925.95 in costs.
According to a press release from IVGID, Katz paid the fees and costs owed after the district court’s ruling but IVGID will be meeting with it’s attorney in December to determine the fees and costs from the Nevada Supreme Court case.
To read the full ruling, visit caseinfo.nvsupremecourt.us/public/caseCaptcha.do?n=%2Fdocument%2Fview.do%3FcsNameID%3D40715%26csIID%3D40715%26deLinkID%3D745932%26onBaseDocumentNumber%3D19-47663