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Aug. 08, 2007
Kulkin sues countyCITES CHIEF LEWIS, FOUR COMMISSIONERS
By MARK WAITE
Harley Kulkin, television talk show critic and former political candidate, has filed suit in U.S. District Court against Nye County over his unsuccessful attempt to parcel his property, and against Pahrump Fire Chief Scott Lewis after a fire burned down an accessory building last Dec. 9. The suit, filed Friday by attorney Jason Bach, names Nye County Manager Ron Williams, Planning Department Acting Director Cheryl Beeman, Nye County Commissioners Joni Eastley, Roberta "Midge" Carver, Gary Hollis and Peter Liakopoulos, Fire Chief Scott Lewis, Nye County itself and the town of Pahrump. Kulkin is alleging violations of his 14th amendment rights to equal protection of the law, right to due process, right to free speech and right to be free from an unlawful taking. There are also claims for gross negligence, negligence, negligent hiring, training and supervision. Kulkin's first complaint involves a refusal by Nye County to adjust his boundary lines among his four five-acre parcels. Kulkin claims the refusal to adjust the boundaries is based on political retaliation, not the law, as Kulkin hosts a political talk show during which he often criticizes county officials. Kulkin states as a former Pahrump regional planning commissioner, boundary line adjustments were often approved as a routine matter. Kulkin also claims his request was denied because he expressed views contrary to those of the county commissioners while he briefly served on the Regional Planning Commission. The four county commissioners and the county itself "have created a de facto policy whereby political opponents and those who express their disagreement with government officials are retaliated against by denying them certain rights and privileges afforded other citizens," the suit claims. Beeman sent Kulkin a letter denying the boundary line adjustment Jan. 4; the denial was upheld by the county commissioners Feb. 21. At that time Williams said Kulkin would have to provide water rights on new parcels smaller than five acres. Kulkin mentioned a need to sell property to recoup his losses from the fire. Eastley noted the county commission earlier denied his appeal in April 2004. Kulkin angrily shouted at the conclusion of his presentation at the Feb. 21 meeting, "Where's that additional lot, Ms. Beeman?" After that outburst, Williams retorted, "I won't let Harley sit here and continue to bash me and my staff." Besides asking for monetary damages and attorney fees, Kulkin's suit asked for a permanent injunction requiring county officials to approve the property line changes. The second issue concerns the fire on his property, which destroyed a Quonset hut containing personal property acquired over many years. The suit claims, "Under the threat of arrest defendants prohibited plaintiff from safekeeping his property, they willfully denied plaintiff equal fire protection and they were grossly negligent in their execution of extinguishing the fire." Kulkin said a Nye County sheriff's deputy prevented him from removing personal property worth hundreds of thousands of dollars from a portion of the building that wasn't burning. The suit claims the Pahrump Valley Fire and Rescue Service arrived at the scene after an extended delay, without proper equipment, proper training, supply of water or access to water. Kulkin's suit claims the defendants "have a policy and custom of failing to adequately train and equip their fire department." Officials named in the suit have not responded formally. |
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