HORACE LANGFORD JR. / PVTTim Maples holds the family?s gelding, Tonto, at the Petrack Park arena area. The ability to own horses was the driving force behind the family?s move from Las Vegas to Pahrump four years ago. The Maples have appealed a recent court decision that ruled against them keeping horses on their property. Advertisement

Tim Maples is passionate about defending his family's right to keep their horses at the home he and his wife, Amy, purchased four years ago. However, he's a man of few words, which is not the best attribute for a person representing himself in court.

That responsibility now rests on the shoulders of Michael Neu and Leslie Stovall, the Maples' new legal team.

Neu claims to have undisputable evidence that property sold as ranchettes throughout Calvada was designated as residential-agriculture and therefore two horses are allowed on the Maple's property.

However, at this point in the litigation, no new evidence can be introduced because on March 9, District Court Judge Robert Lane issued an injunction against the Maples, ruling their land is a single-family lot and they could not keep horses on their property.

At Monday's hearing both sides presented arguments to Lane. Nue asked for the Maples to keep their two horses until the Nevada Supreme Court hears the Maples' appeal. Maples' neighbor, Donald Quinn, has his own attorney, Charles Bennion, who argued that could take another two years for the higher court to hear the issue.

Lane asked what harm it would cause Quinn to wait.

Bennion replied that in addition to the case being settled twice in favor of Quinn, there was no compelling evidence that proved the Calvada property in unit B was horse property. He said to wait two years to hear the same outcome in the case would be a burden upon Quinn.

Bennion also said he had clerked for the Supreme Court and "the reversal rate is very, very low."

He explained Quinn was an older retiree who stayed in his home and just wanted peace and quiet. He said Quinn objected to the smell and flies generated by the horses. He also stated there were no other horses on nearby properties.

In fact, there are horses in a property behind Quinn and around the corner from the Maples. On Lupin Street and many others, almost every home has a horse or two.

"They are going to have to put the horses into the boarding area," said Bennion, who also mentioned there were many boarding areas throughout Pahrump. "This case was heard and (the Maples) were given a chance to present evidence. They didn't present any. We think (that is) because no evidence exists."

Neu made the point that the horses would have to be boarded some distance away, since no one in the sprawling Calvada units A or B was likely to board the Maple's horses because they are afraid Quinn might come after them next. Neu said the property maps he has obtained -- but could not put into evidence -- would defeat Quinn in any similar legal action against others in Calvada.

While Quinn has always maintained, "Horses are illegal as hell," in Calvada subdivisions, he also repeatedly stated his purpose was not to police the entire subdivision. He just wants to get horses off his own street. He also said previously the Maples were sold a faulty bill of goods by their real estate agent.

Bennion told the judge, "Elderly citizens come to Pahrump in the first place ... for a quiet lifestyle. They don't want problems like smells and flies."

Lane replied that if Quinn was worried about property values, property in Pahrump was "pretty much horse manure right now, anyway."

Bennion pointed out his client was not suing for any money. "My client hasn't come in for money. He just wants peace and quiet in his home. He's had to pay a lot of money for it. He is entitled to this (court's decision in his favor)."

As for the harm done to the Maples, Neu said, "A horse is not as simple as a sports car that you can take out of the garage when you want to go for a ride. Horses require daily maintenance and attention.

"Part of the joy and responsibility of horse ownership is developing a relationship to a sensitive, living animal. That is particularly true when one of the caretakers is a young child. Emily (the Maples' 11-year-old daughter) is learning important lessons in life in her role of feeding, grooming and caring for the horses. That's in addition to riding them and participating in her 4-H program."

Lane acknowledged that the Maples would incur additional costs for boarding and driving to spend time with their horses, when he said, "I have been thinking about the alleged damages to either side. There are damages to both sides.

"There are feelings to take into consideration," the judge said. "I can't help but think if you go into a court of law and everything being equal, I have to err on the side of the law and enforce the order."

The Maples now must move their horses off their property by June 22.