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Top Story

Mar. 18, 2009

Calvada controversy: Judge says no horses allowed

By GINA B. GOOD
PVT



GINA B. GOOD / PVT
Emily Maples, 11, is not happy about the possibility that she will no longer have the constant companionship of her mare, Passion. Emily competes in Gymkhana "just for fun." This is her second year as a Pahrump Valley Rough Rider.


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Do Calvada CC&Rs exist?

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It was Memorial Day 2008 when Amie Maples saw a stranger, an older gentleman, walking up the driveway to her custom home on West Fawn Street. She went out to greet him before he reached the front door, but according to Maples he was no gentleman.

"He was rude, actually," said Maples, describing her neighbor, Donald Quinn, who lives on the other side of the street and down a few houses.

"He gave me an ultimatum," said Maples. "He said, 'Get rid of your horses in 30 days or I will take you to court.'"

"We really didn't take him seriously," said Amie's husband, Tim, who has since learned he should have. The Maples were subpoenaed to appear before Judge Robert Lane Feb. 23, and Lane ruled against them.

Quinn maintains the covenants, conditions and restrictions (CC&Rs) in Calvada Valley do not allow horses.

"The judge gave us one chance," said Tim. "He said it was against his better judgement but told us if we could bring him papers to prove this is a residential agricultural area, that he would reconsider his ruling."

The Maples, who represented themselves in court, say the residential agricultural designation allows for two horses on a property, and neighbors have verified that the previous owners had livestock.

"We bought this house because it's a horse property," said Tim. "We made certain our real estate agent only showed us homes where there were no homeowner associations and we could have horses."

Real estate agents are at the heart of the problem, according to Quinn, who moved to Pahrump 16 years ago, when Preferred Equities Corp. was still activity promoting and developing the Calvada subdivisions. "I don't have much use for Realtors," he said. "I suspect the real estate agents don't care about anything but their commission.

"Preferred Equities enforced the CC&R's when they were here. They made sure real estate agents had copies of the rules, and buyers had to sign that they had read them. Having horses in here is illegal as hell."

Real estate agent Kathy Benoit agreed that Preferred Equities gave the original owners who bought land directly from the corporation a copy of the CC&Rs but said Preferred Equities didn't necessarily give those rules to traditional real estate agents.

"As for having people sign the CC&Rs, that was marginal at best even with the original property owners," said Benoit. "But it was never required."

On Lupin Street, a few blocks away from where the Maples and Quinn live, there are many beautiful custom homes and horses are seen in about every other backyard. Lori Koltuniak is one of the horse owners on that street.

"My horses were rescued from the race track," said Koltuniak. "They were going to the Alpo man. They had been beat and starved and shut up in a box.

"I met the Maples when they came knocking on my door to tell me what was happening to them.

"Now I'm worried. When I bought the property I told my Realtor the same thing. He showed me four different properties. I asked him every time if the property was zoned for horses. They showed me in the paperwork, but when I looked for it in my title to show the Maples, it wasn't there."

Quinn said he doesn't intend to go after horse owners anywhere else but on his own street. "I am only concerned about the street I live on. If other neighbors don't care, that's up to them. It's not my job to police Calvada."

The Maples will celebrate their 20th wedding anniversary in April. They both work full time and moved to Pahrump about four years ago with their two daughters. They also have a son who lives in Reno. Their youngest, Emily, rides Gymkhana.

The Maples have two horses, one of which is from Shiloh Horse Rescue in Sandy Valley.

"We love it here," said Tim, who commutes to Las Vegas to work. "It's calm and peaceful. It's quiet. People wave at their neighbors.

"I am not going to let one person ruin my opinion of Pahrump," said Tim, who has been looking through old newspaper files and appealing to neighbors who might have some kind of paperwork proving that his subdivision was originally designated residential agricultural.

Unless they find the proof they need, they will have to move their horses Saturday.

The couple are hopeful someone will turn up with the paperwork to prove them right.

They posted flyers and have gone door to door throughout Calvada Valley. On March 1, more than 150 people met at the Petrack Park arena to support them. Their next door neighbor, Yvonne Cano, wrote a letter saying her family has no problem living next to the Maples' horses.

"Public opinion is not going to change anything because it's illegal," said Quinn. "But this just might wake up people. The Maples should be talking to the person who sold them the property. There's a saying in real estate. Buyer beware.

"I never dreamed in a million years I would ever get sued for having horses on a horse property," said Tim.

The Maples are asking anyone who has Calvada literature from the 1970s to contact them. They are also asking for affidavits from former Preferred Equities agents. Neither Amie nor Tim can receive calls during their work hours, but with only two days left until they are forced to move their beloved horses, they ask people to contact them via e-mail: pahrump503@yahoo.com.










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