A local attorney filed last week a motion to Washoe County’s Second Judicial Court asking the court to make the Incline Village General Improvement District (IVGID) pay $13,500 in legal fees.
Attorney Matthew Sharp was appointed by the court as a “special master” to review thousands of emails in a public records dispute between Incline resident Mark Smith and IVGID.
“IVGID and its lawyers have refused to pay the bill,” Sharp wrote in the motion. “The Special Master has spent a considerable amount of time requesting that IVGID pay the bill. Most recently, the Special Master requested payment by July 30, 2021, or a motion to compel would be filed.”
Sharp reviewed the emails after IVGID for years denied the emails were public records. He determined in accordance with the Nevada Public Records Act most of the emails were public records.
District Judge Lynne Simons agreed after IVGID tried to protest Sharp’s findings.
“The Court does not find IVGID’s Objection meritorious,” she wrote in July. “IVGID cites no authority to suggest the Court cannot accept Master Sharp’s recommendations regarding the scope of attorney-client privilege when the Court specifically referred the matter to Master Sharp to do so considering the lack of case law on the subject.”
As part of the case, both IVGID and Smith were to each pay half of Sharp’s bill.
“IVGID and its lawyers have not paid its portion of the bill,” Sharp said. “The Special Master is left to request an order from this Court to compel IVGID and its lawyer to pay its share of the bill in the amount of $12,500.00 for the services provided as Special Master.
“IVGID and its attorney should also be required to pay an additional $1,000 representing the time spent attempting to collect this bill, to prepare this motion and to file a reply,” he added.
