Back in early April James Hawkins and Cynthia Burke-Maniscalco submitted a tenant improvement application for the residence at 1300 Casey St. owned by Jennie Wagner (who chose not to comment) who has the residence listed as owned by Dream Big Too LLC.

Their plan was to operate the residence as a halfway house for rehabilitating alcohol and drug-addicted individuals.

While the idea sounded viable, it went off half-baked because all legal requirements were not met. Wagner chose not to comment.

Although the Regional Planning Commission approved the application based on Nye County Code and the license was issued by the town April 20, the required state licensure through the Nevada Health Department was not obtained. The application was signed by only Burke-Maniscalco.

The facility was referred to as a Progress House (a chain of facilities based in California). One of the aspects of Progress House is that a supervisor is to be present at all times, and residents are monitored regarding possible backsliding.

According to Emily Fisher, state Health Department, in an April 13 email to the RPC, upon learning that a $2,020 fee would have to be paid in order for him to open the halfway house, Hawkins quickly claimed hardship and changed the description of the house to a boarding house.

He was then directed to the state Business Licensing Department for further action. He did not do this and continued to operate without a license.

Hawkins' facility, according to neighbor Drake Austin, "had no plan in place to provide supervision or accountability of residents. It was not made clear to us how the 'facility' would impact the neighborhood by anyone. It just didn't feel right."

The neighbors presented their concerns to both the town office and RPC, which included inspections, fire protection, supervision, well and septic issues, privacy walls, parking, credentials and more. However, since the facility was considered a residence (less than 10 people living there), there were no requirements above those of a normal household.

There are several Nevada statutes that identify requirements for such a facility, but rely on subordinate government entities to interpret their meeting those requirements. Cheryl Beeman of the RPC said, "Nye County Code also considers it a normal residence."

Austin, who was in contact with Steve Gerleman, of the state Health Department, advised Gerleman that the place was in operation. Upon checking, Gerleman contacted local officials who met Wagner at the residence the morning of April 18 and closed the facility on the spot.

Austin also believes that Hawkins has since departed Pahrump, and questions the actual legitimacy of the operation.

"I recommend local agencies consider what they can do to prevent this type of action from happening again," he said.

Neighbor James Lyles is concerned with the way the statutes handle such instances and said, "All government agencies should look at this and take the necessary action to change the statutes."

The residence remains closed to such an operation until all state and local requirements are met.