Bail bonds companies seek refund

Friday, Oct. 6, 2000 | 10:22 a.m.

CARSON CITY -- Eight bail bonds companies, charging the Las Vegas Municipal Court illegally imposed filing fees, are asking the Nevada Supreme Court to order a refund of $185,960 collected from 1991 to 1997.

The companies said the Municipal Court had no authority to charge a $40 filing fee every time a bond was posted. They cite an opinion by Deputy Attorney General John Cunningham III in April 1995 that Municipal Courts in Nevada did not have the right to impose the fees.

In a brief submitted by the city attorney's office, Las Vegas officials responded that Municipal Courts has an "inherent power" to run the local judicial system and that "were left free to impose whatever fee they deemed reasonable."

The Supreme Court will hear oral arguments on the case Monday.

The bail firms say that after the attorney general's opinion, Municipal Courts in Fallon, Reno and Henderson stopped collecting the administrative fee, but Las Vegas continued.

Then the 1997 Legislature authorized the city courts to impose the charge.

The bail bondsmen said there was a hint of a threat by the city that the ability of the companies "to post future bonds may be at risk" if they went through with the suit.

Those seeking the refund are Blackjack Bonding, Pat's Bail Bonds, All American Bail Bonds, Signature Bail Bonds, Mainstreet Bonding & Bail, Mary's Bail Bonds, Mike's Bail Bonds and Able Bail Bonds.

The Supreme Court is also hearing an appeal from the city of North Las Vegas, which is trying to limit the development of Saxton Inc. on a 125-acre parcel near the North Las Vegas Air Terminal.

Saxton is asking the Supreme Court to uphold the decision of the District Court that it could develop two-thirds of its property with a density of seven units per acre east of the air terminal.

North Las Vegas said it has resisted Saxton's various rezoning applications for residential development because of the location and the soil characteristics. Instead of the seven units per acre, the city approved 5.75 units.

District Judge Valorie Vega ruled Saxton was entitled to rely on the master plan in effect when the property was purchased and when the firm submitted its rezoning application. That allowed seven units per acre.