Glenbrook VHR owners file lawsuit against county over ban

Owners and operators of vacation home rentals in Glenbrook filed a petition for judicial review in Douglas County District Court on Tuesday.

Richard Ray Jr. and Marcia Ellen Ray, Glenbrook Rental Program and Rustlingwood are suing the county over its Dec. 21 change to the ordinance governing vacation home rentals.

The ordinance prohibits rental permits from being issued in Cave Rock Cove, Logan Creek, Shakespeare Point, Uppaway and nonaffiliated Glenbrook parcels.

The restrictions are scheduled to take effect on Dec. 31.

“This area has the lowest density of available rentals in all of Douglas County, and there have been no complaints filed with the County about any disruptions north of Cave Rock” said Kevin Kjer, who manages Glenbrook Rental Program. “There are almost no AirBnb or VRBO here and I personally screen and supervise every renter. There are no loud parties or nuisances in Glenbrook from renters, period. That may happen south of Cave Rock and should be enforced by the rules the county already established. But we have followed all the rules and yet we’ve been selected for punishment. “I hope a judge will see that few special interests that live in Glenbrook part-time should not be allowed to deprive everyone else of their right to rent homes here. It is arbitrary and unfair.”

Plaintiffs are challenging the county’s approval as a violation of both the of Nevada and U.S. Constitutions’ guarantees for due process, equal protection and takings clauses, calling them arbitrary and capricious.

The Rays own interest in a property located on Lands End Drive in the area of Glenbrook unaffiliated with the homeowners association.

“It’s just a shame that a huge number of homeowners and pioneer families have to suffer just because of the vested agendas and private whims of powerful special interests in Glenbrook and a supplicant Commissioner” Rick Ray said “and it’s equally shameful that Commissioner (Mark) Gardner would throw the financial onus back on the County and on homeowners to fight over this obvious and blatant cronyism, rather than standing up for what he knew was right. But I guess he also needs the contributions of wealthy people, or a wealthy person, to keep his job.”

Rustlingwood is located on Yellow Jacket Road in Glenbrook and the Glenbrook Rental Program specializes in renting out vacation properties.

“The overwhelming community perception publicly shared by members of the public, members of the Douglas County Planning Commission and two Douglas County Commissioners is that Commissioner (Danny) Tarkanian has spearheaded the effort to ban VHRs in the residential communities north of Cave Rock State Park at the behest of a political supporter, Larry Ruvo, a wealthy Glenbrook property owner,” according to the petition.

The petition details communications between Tarkanian and Ruvo leading up to the approval of the ordinance.

Douglas County commissioners are scheduled to take up two items regarding vacation home rentals including a discussion on further amendments to the code regarding density of permits and a request to take no further action on the ordinance.

There is also a petition being circulated to ban the rentals in residential neighborhoods across the county. That would also allow the rentals in neighborhood commercial zoning, which would mostly affect Carson Valley, where the rentals are currently prohibited.