<
Pahrump Valley Times Nye County's Largest Circulation Newspaper
CURRENT WEATHER: Rain, 43°



News
News
Opinion
Sports
Obituaries
Archives

Classifieds
All Classifieds
Employment
Real Estate
Autos
Merchandise

Our Newspaper
Archive
Columnists
Contact Us
How To Advertise
Subscriptions


 
Top Story

Mar. 18, 2009

Do Calvada CC&Rs exist?

By GINA B. GOOD
PVT


RELATED STORY
Calvada controversy: Judge says no horses allowed


Advertisement

Preferred Equities bought the 10,000 acre Pahrump Ranch in 1969, and subdivided it into the 14 units called Calvada Valley. The area is bound roughly by Gamebird Road on the south, Highway 372 on the north and Leslie Road on the west.

Kathy Benoit, a real estate agent who was interviewed by MSNBC years ago in regard to Preferred Equities, said the corporation changed the covenants, conditions and restrictions, or CC&Rs, many times. She also pointed out that over the course of almost 40 years, some of the lots in Calvada units were sold 20 times.

The enforceability of Preferred Equities' CC&Rs and/or deed restrictions has been questioned in the past. Benoit, as well as Chief Civil Deputy District Attorney Ron Kent, confirmed that Preferred Equities never recorded the CC&Rs.

According to Century 21 real estate professional Robert Little, Judge Lane ruled in a 2005 case involving Preferred Equities that nothing not recorded at the time of the transfer of property can be held against the new property owner.

If the CC&Rs were not legally recorded and the subdivision maps were only made for sales purposes, why does the burden of burden of proof fall on the Maples? Perhaps the fact that they have not hired a lawyer is the answer, as it is not the court's responsibility to teach litigants how to proceed in legal matters.

Quinn, on the other hand, does have a lawyer and revealed this is the second suit he has brought against neighbors in Calvada Valley Unit 8B. He said he sued the people next door to him about a year and a half ago and won a summary judgement. Those neighbors have since moved.

"My neighbors next door had two different attorneys and they lost. I gave a copy of that judgement to Mrs. Maples."

Quinn claims the CC&Rs are recorded against the land and cannot be superseded by zoning changes. He equates the CC&Rs to the easements given to the power and phone companies to run lines.

"Absolutely nothing can change the CC&R's," said Quinn. "It is the buyers' responsibility to know everything about the property there is to know."

Quinn also said a zoning notification was sent to property owners in Calvada Valley two or three years ago. "It was from the good fathers of the town. In fact, I got two notices since I own two pieces of property here," Quinn said.

"The good fathers decided to change the zoning. They sent the notices about their intentions to change the zoning of our property and asked if we agreed or disagreed with the changes. It had boxes to check. I checked off that I disagreed and wrote on the notice that it was illegal," Quinn said. "I told them it was in the CC&Rs and couldn't be changed."

Quinn said the survey came from Irvine, Calif., and that he never got a response from his note.

"I've been thinking about filing suits against our good fathers," said Quinn. "Against the town."










For comment or questions, please e-mail webmaster@pahrumpvalleytimes.com
Copyright © Pahrump Valley Times, 1997 -
| Privacy Policy