Killebrew v. Donohue

Summary

The Nevada Supreme Court affirmed summary judgment upholding a regulation establishing permit fees for residential piers and buoys on Lake Tahoe. It held that review under NRS 233B.110 asks whether the regulation violates constitutional or statutory provisions or exceeds the agency's statutory authority, rather than applying an arbitrary-and-capricious standard. The court further held that the Division acted within its authority by using multiple methodologies to establish a reasonable fee based on fair market value, and that the challengers failed to overcome the regulation's presumption of validity.