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CITY OF LAS VEGAS v. PARDEE CONST. CO.

No. 30475.

21 P.3d 8 (2001)

CITY OF NORTH LAS VEGAS, A Municipal Corporation, Appellant, v. PARDEE CONSTRUCTION COMPANY OF NEVADA, A Nevada Corporation, Respondent.

Supreme Court of Nevada.

April 13, 2001.

Attorney(s) appearing for the Case

Rawlings Olson Cannon Gormley & Desruisseaux and Aaron R. Maurice, Las Vegas, for Appellant.

Harrison Kemp & Jones, Chtd., and William L. Coulthard and Jennifer C. Popick, Las Vegas, for Respondent.

David R. Olsen, City Attorney, Boulder City, for Amicus Curiae City of Boulder City.

Bradford R. Jerbic, City Attorney, Las Vegas, for Amicus Curiae City of Las Vegas.

Shauna M. Hughes, City Attorney, and Catherine E. Conroy, Assistant City Attorney, Henderson, for Amicus Curiae City of Henderson.

Charles K. Hauser, General Counsel, and John J. Entsminger, Associate General Counsel, Las Vegas, for Amicus Curiae Southern Nevada Water Authority.

Before SHEARING, AGOSTI and LEAVITT, JJ.

OPINION

PER CURIAM:

At issue in this case is whether a regional water connection charge imposed by a city on a developer is a development impact fee or a cost-based fee. The development agreement between the City and the developer precluded any increase in development impact fees, but allowed new cost-based fees. The district court concluded that the charge was an impact fee. Because we conclude that the regional water connection charge is a cost...

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