Neighbors of alleged illegal business/nuisance charge DA not doing job

Lyon County commissioners on Thursday plan to discuss what some Silver Springs residents say is a health hazard at a commercial-scale animal sales business.

Leandra and Tom Carr say their complaints about their neighbors' operating a business without a license on Holly Avenue have gotten a response -- but as yet no action -- from county officials.

Jerry and Ruby Maurer O'Dell have heard complaints from their neighbors since 1998. The O'Dells could not be reached for comment.

When the Lyon County commissioners were presented Aug. 15 with evidence the O'Dells were selling and boarding horses and needed a business license, the commission denied Ruby O'Dell's request to be issued one.

The Carrs and others living around 3160 Holly Ave. said they thought their problems were finally coming to an end.

However, according to the Carrs and other Holly Avenue residents, the situation has become worse.

"In the last five weeks nothing has been done to stop the business from running. The business has actually grown," Leandra Carr told the commissioners Sept. 5.

Paula Campbell lives across the street from the O'Dell property. She said the smell, mosquitoes and flies coming from the property are a continuing health risk.

"This should have been taken care of 10 days after the denial of the business license. Meanwhile, we are confined to our homes while it continues to be a health risk to the neighborhood. It resembles a horse mill or feed lot," she told the board.

Noting he also has observed a continuation of business activity at the property since the business license was denied, Commissioner LeRoy Goodman wanted some answers.

"The (O'Dell) place is a continual mess. It is obvious they are still doing business. This is a sham. If what Mrs. Carr is saying is true, someone is dropping the ball in our office here and we better speak up and find out what is going on," Goodman said.

Commissioner David Fulstone agreed. "This sounds like the old government runaround. The buck has to stop here. We need to question what is going on here and what can be done," he said.

A petition, signed by 18 people directly affected by the more then 20 horses and other barnyard animals at the Holly Avenue site, asked the county to shut it down as a nuisance. It was presented to the board in August 2001, but commissioners denied the request by a vote of 3-2.

As a result of the denial, the District Attorney's Office cannot handle the issue as a nuisance.