A demand letter sent to the RSCVA by the WHA claiming it is not within the legal purview of the visitors authority to sell land to the school district to be used for a new high school
A demand letter sent to the RSCVA by the WHA claiming it is not within the legal purview of the visitors authority to sell land to the school district to be used for a new high school
A demand letter sent to the RSCVA by the WHA claiming it is not within the legal purview of the visitors authority to sell land to the school district to be used for a new high school
Law Offices of Steven F. Bus, Ltd.
‘Qual comness sour
611 SIERRA ROSE DRIVE
ENO, NEVADA HSI
TEERHONE MTS R20
AK 7) 25.755,
EM sb tbe
June 30, 2017
Via US Mail and E-Mai ennedy@dicksonwright.com
Benjamin W. Kennedy, Esq.
Dickinson Wright PLLC
100 W. Liberty St., Ste 940 *
Reno, NV 89501
Re: Wildereek Homeowners Association
Dear Mr. Kennedy:
‘We have been retained to represent the Wildcreek Homeowners Association (“WHA”). The
purpose of this letter is outline the position of WHA as it relates to the potential construction of a
high school where the Wildcreek Golf Course is currently located. The Reno-Sparks Convention
& Visitors Authority (*RSCV A”) is actually a fair and recreation board subject to the provisions of
‘RS Chapter 244A. John Sande, Esq. represented the RSCVA before the Nevada Legislature on
April 22, 2005, He made it clear that RSCVA is really a fair and recreation board subject to the
provisions of NRS Chapter 244A. He also confirmed that the RSCVA and not Washoe County
CWC") owned two (2) golf courses, which would have been Northgate and Wildoreek. The purpose
of that legislative meeting was for Mr. Sande to introduce a bill in order remove the requirement that
the RSCVA needed approval from WC to either purchase or sell property, Attached isa copy of the
Legislative minutes. Prior to the legislative change, the RSCVA formally known as Reno-Sparks
Convention Authority (“RSCA”), needed approval from WC to either purchase or sell property
which was the case in 1974 when the RSCA acquired the Wildcreek property
‘On May 9, 1974 the RSCA now known as the RSCVA, had requested permission from WC
to purchase the land from the Confortes where the Wildcreek Golf Course currently resides. A copy
of that letter is attached. On October 3, 1974 the Confortes executed a deed transferring the propertyfrom the Confortes to WC through the RSCA. The deed stated * This Indenture made this 3" day
of October, 1974. by and between JOESPH CONFORTE and SALLY CONFORTE, his wile, of
Sparks, Washoe County, Nevada, hereinafter referred to as “Grantors” and COUNTY OF WASHOE,
STATE OF NEVADA, acting through its Reno-Sparks Convention Authority, hereinafter referred
toas“Grantee”.” A copy of that deed is also attached to this letter. Based on the May 9, 1974 letter,
the deed and Mr. Sande’s representations, it is clear the RSCVA is the actual owner of Wildereek
and not WC.
Based on the recent press conference, we now understand that there is some tentative
agreement that has been entered into between the Washoe County School District (“WCSD”), WC
and the RSCVA to allow the WCSD to acquire the Wildereek Golf Course property in order to
construct a high school. The sale or transfer to the WCSD for the construction of a high school is
prohibited by NRS 244A.619(5) which states as follows:
NRS 244A.619 Powers and duties of board. In addition to powers elsewhere
conferred, the county fair and recreation board of any county, upon behalf of
the county and in connection with the recreational facilities herein authorized,
is authorized and empowered:
5. To sell, lease, exchange, transfer, assign or otherwise dispose of any real or
personal property, or any interest therein acquired for the purpose of NRS
244A.597 to 244.655, inclusive, including the lease of any recreational facility
acquired by the county under the provisions of NRS 244A.597 to 244.655,
inclu is to be operated and maintained as a public project and
recreational facility.
NRS 244A .619(5) incorporates NRS 244.597. Pursuant to NRS 244A.597, the RSCVA
can only acquire property for the following uses:
(a) To establish, construct, purchase, otherwise acquire, reconstruct, improve,
extend and better fairgrounds, exposition buildings, convention halls,
auditoriums, fieldhouses, amusement halls, public parks, playgrounds,
swimming pools, golf courses, recreation centers, museums, 200s, historical sites,
other recreational facilities and buildings therefor, and improvements incidental
thereto. ...
Itis evident that RSCVA is a statutory creature, As a result of being a statutory creature, it
only has those powers set forth in statute. It is clear pursuant to NRS 244A.597, that the RSCVA
can only acquire property for recreational purposes. NRS 244.619(5) also makes it very clear that
the RSCVA can only sell, lease, exchange, transfer, assign or otherwise dispose of any real property
only if it is be operated and maintained as a public project and recreational facility. Obviously, the
Nevada Legislature wanted to maintain the real property as recreation use.
It is the position of the WHA that the RSCVA does not have the authority to sell the
Wildereek Golf Course property to the WCSD for the construction of a high school. It is clear asreflected in the statutes thatthe Nevada Legislature did not intend a public high schoo! to qualify as
a recreational facility. Thus, any attempt to transfer the Wildoreek property to the WCSD for the
construction of a high school is illegal and in defiance of the law.
If do not hear from you within ten (10) days from the date of this leter or if you advise me
within the ten (10) day period that the RSCVA intends to proceed forward with the conveyance of
the property to the WCSD for the construction of a high school, have been authorized by the WHA
{0 take all the necessary legal action to prevent the transfer and construction of the high school. We
are confident in that given the expected revenue to be raised by WC-1, WCSD can find another
suitable location,
Sincerely,
Ath
4
Steven F. Bus, Esq