Nevada § 308.080 - Requirements for approval of formation of special district by board of county commissioners; judicial review; formation; material modifications; filing of plans for additional acquisitions; injunction for unreasonable departure from service plan

§ 308.080. Requirements for approval of formation of special district by board of county commissioners; judicial review; formation; material modifications; filing of plans for additional acquisitions; injunction for unreasonable departure from service plan

1. Except as otherwise subsequently provided in this section, the formation of a special

district shall not be approved by any board of county commissioners without the resolution

of approval and the service plan required by the Special District Control Law. The approved service plan and the resolution of approval shall be incorporated by

reference in the ordinance organizing the district after there has been a compliance

with all other legal procedures for the formation of the proposed district. If the board of county commissioners fails to approve the service plan for any proposed

special district and such failure is determined by any district court in this state

for any county in which the district is located to be arbitrary, capricious or unreasonable,

the court may order the formation of such district by the board of county commissioners

of the county vested with jurisdiction as provided in NRS 318.050 without such resolution of approval; but an acceptable service plan in accordance

with the provisions of the Special District Control Law, shall be filed with and approved

by the court and incorporated by reference in and appended to the order of the court

providing for the organization of the district after there has been a compliance with

all other legal procedures for the formation of the proposed district. If the service plan is approved by the board of county commissioners, any interested

party as defined in subsection 2 of NRS 308.070 , if such party had appeared and presented his or her objections before the board

of county commissioners, is entitled to appear and be heard at the hearing of the

board of county commissioners so vested with jurisdiction for the organization of

the district, and the district court may dismiss any pending legal proceedings contesting

the failure of any board of county commissioners to approve a service plan upon a

determination that the decision of the board of county commissioners was not arbitrary,

capricious or unreasonable. 2. Upon final approval by a board of county commissioners for the formation of the

special district, the facilities, services and financial arrangements of the district

shall conform to the approved service plan. 3. After the organization of a special district pursuant to the provisions of chapter

318 of NRS, material modifications of the service plan as originally approved may

be made by the board of such special district only by petition to and approval by

the board of county commissioners of each county in which the district is located

in substantially the same manner as is provided for the approval of an original service

plan, except that the processing fee for such modification procedure shall not exceed

$100. Such modifications are required only with regard to changes of a basic or essential

nature and are not required for changes of a mechanical type necessary only for the

execution of the original service plan. 4. Any unreasonable departure from the service plan as originally approved, or, if

the same has been modified, then from the service plan as modified, may be enjoined

at any time by a district court upon motion of any board of county commissioners from

which a resolution of approval is required by the Special District Control Law, or

upon the motion of any interested party.