Nuisance complaint may get another hearing

SILVER SPRINGS -- Frustrated when their nuisance complaint against a Holly Avenue resident was turned down, disgruntled neighbors may get a second opportunity to vent their feelings.

In August, Tom and Leandra Carr presented Lyon County commissioners with a petition and testimony alleging the activities and livestock-sales business at 3160 Holly Avenue in Silver Springs constituted a nuisance and are causing harm to neighboring lots, parcels and owners.

Signed by 18 neighbors and visitors to the street, the petition claimed the number of animals, including ducks, chickens, pea fowl, pigs, goats, emus and horses were not properly cared for and the result was causing an unbearable stench and invasion of flies throughout the rural neighborhood.

Property owner Jerry O'Dell and Ruby Mourer live on the property. They testified the complaint was unfounded and a "witch hunt" by the Carrs, saying the 20-plus horses are well cared for and they were not in violation of any county codes.

The commission voted 3-2 to deny pursuing a nuisance complaint. Commissioner Bob Milz voted with the majority, stating, "I see the problem more than a nuisance. I think it is a problem of your (Tom Carr) attitude. You need an attitude adjustment."

Commissioners David Fulstone and Phyllis Hunewill joined Milz as the three votes against the complaint.

However, at the Dec. 6 commission meeting, Milz asked that the issue be reconsidered. "I understand (O'Dell) is making it miserable for the neighbors. I'd be willing to put it on the (Dec. 20) agenda, providing we can do something about it as a nuisance," he told the board.

County Manager Stephen Snyder said following the public noticing process outlined by law, if the board does go forward it would be about three months before the commissioners could actually hear the case.