Legislative action in 2017 allowed the State Land Registrar (Registrar) to increase usage fees for piers and buoys in Nevada waters to reflect fair market prices and fees in comparable areas. Subsequently, the Registrar issued regulation NAC 322.190, which increased the rates by 1400%. This administrative action was challenged by Lake Tahoe property owners under NRS 233B.110 as invalid for being outside of the scope of statutory authority allotted to the Registrar. The Nevada Supreme Court affirmed the district court’s grant of summary judgment for the Registrar holding that because the regulation did not violate any constitutional or statutory authority given to Registrar, it was valid. In affirming the decision, the Nevada Supreme Court also clarified that arbitrary and capricious review does not apply when assessing the validity of a regulation.
Robinson, Weston T., "Killebrew v. Donohue [State of Nevada], 139 Nev. Adv. Op. 43 (Sept. 28, 2023)" (2023). Nevada Supreme Court Summaries. 1610.