November 28, 2014
CARSON CITY, Nev. (AP) - A federal appeals court says when it comes to beaches owned by the Incline Village General Improvement
District at Lake Tahoe, not all residents have the same access privileges.
A three-judge panel of the 9th U.S. Circuit Court of Appeals on Tuesday rejected an appeal filed by Frank Wright, a Crystal Bay resident who argued his exclusion from the beaches is unconstitutional.
The improvement district acquired the beaches more than 40 years ago, and all bond payments were made by residents who lived within
the district at that time.
A restrictive covenant limits beach access to those who live within the 1968 boundary, even though the district has since expanded and includes Wright's residence.
The appeals judges said the beaches are not "traditional public forum," and the restrictions are constitutional.
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