After two hours of debate, Genoa Town Board members voted to recommend the county permit the abandonment of 25 feet of right-of-way on Carson Street on Tuesday.
But those who opposed the abandonment did not go gently into the night after the decision, crying foul on the town board who voted 4-0.
Ron and Ann Funk proposed the abandonment in April, saying they wanted 25 feet of the right-of-way on Carson Street in order to make their home more attractive to buyers.
The couple have lived in Genoa since 1981. In 1994 they built a garage and family room that come within a few feet of the county right-of-way.
Many of the streets in Genoa have right-of-ways far wider than the streets. Former town board chairman Dave Beres pointed out several streets that occupy just a quarter of the space allotted for them.
Beres said that property issues have long been a point of contention for Genoans.
"We are going to have to straighten this out," he said. "For the 33 years I've lived here there have been arguments and fist fights over property lines."
The problem, Beres said, was that many of the landmarks used in early surveys of the town no longer exist.
Opponents admitted they were facing an uphill battle, with town attorney Mike Rowe advising board members that under a 1994 Nevada Supreme Court ruling, they had to find there was "a material injury to the community" to deny the request.
"A mere detriment to the property owner is not a material injury," he said.
Rowe said that unless the town purchased the right-of-way in the first place, they couldn't ask for money to abandon it.
Engineer Darryl Harris presented the case for the abandonment using a survey of Carson Street.
He pointed out that the county right-of-way runs from 75 feet across at the intersection with Main Street to 85 feet where the street ends at U.S. Forest Service land.
The street's actual width is less than 25 feet and there are existing private landscape improvements in the right of way.
County planner Brandy McMahon said the county requires a 60-foot right-of-way for a rural local road.
Douglas County commissioners are scheduled to hear the request at their Oct. 1 meeting.
McMahon said the staff is recommending approval with the conditions that the Funks provide an easement for NVEnergy power lines and that they record the survey.
Dave Cochran, who owns the property across Carson Street from the Funks, said he opposes the abandonment because the Funks would take 25 feet out of the 85-foot easement, leaving no way for him to obtain an abandonment he said was necessary to protect the 100-year-old wall along the street.
"I'm not opposed to reducing the right-of-way to 60 feet," he said. "I do have an issue with 25 feet for Funks and none for Cochran."
Adding fuel to the opposition was the fact that Funk had sold his property in preparation to move to the coast for his health.
Town board member Greg Pace said he didn't believe granting the abandonment would alter the character of Carson Street.
"If you took a picture of the street now, and if the abandonment is granted, a picture six months from now I don't think you would see any difference," Pace said.
All four town board members agreed that the Funks' leaving was immaterial to their decision.
"We should see each abandonment on an individual basis," board member Jen King said.
Board member Dave Whitgob made a motion, with the condition that the county entertain allowing Cochran a 5-foot abandonment if he chose to apply for it to protect his wall. Chairman Brian Williams seconded the motion.
Genoa resident Marian Vassar opposed the abandonment.
"Doubly so because the Funks are leaving us with the repercussions of this decision," she said. "You must work to ensure the historical integrity of the town."
Genoa resident Mike Turnipseed said he supported the abandonment.
"Any casual observer would assume the property wasn't part of the road," he said. "A 60-foot easement is enough for a four-lane highway."
Resident Les Kynett said he has to cross his neighbor's property to get into his driveway.
"They got permits for the work when they built their garage," he said. "I believe they built honestly. They were a victim of the town of Genoa. They are trying to correct this mess."
Resident Dan Pendleton agreed with the abandonment, saying reducing the width of the right-of-way would maintain the street's rural character.
Carson Valley Trails Association President Kerstin Wolle opposed the abandonment, saying Carson Street provides the only access to public lands in Genoa.
"The trails association has a proposed trails plan for the Genoa Foothill Trail, which uses this very valuable location as an access point."
Pendleton countered that if the forest service intends to provide a trail access, they should do so on their own property, not the county right-of-way.
Genoa Volunteer Fire Chief Bill Hutchison said he and East Fork Fire Capt. Terry Taylor had examined Carson Street and said the abandonment would not affect fire suppression in the canyon road.
"It's adequate for our fire suppression purposes," he said.
Town resident Bill Brooks pointed out that the structures on Funk's property do not actually encroach on the right-of-way.
Brooks suggested that town board members recommend denial of the request.
Former town board chairman Bill Donohoe opposed the abandonment.
"Every time you get a request for abandonment, the town goes through this," he said. "Every time you turn one down, it delays the next request."
Donohoe said that if the Funks asked for a change in the setback, it would be far less controversial than the abandonment.
"You are talking about abandoning property that the town might need," he said.
Town Board member Karen Holmes was absent from the meeting, but sent a letter expressing her concern about the abandonment.
"The town has no protocol for granting an abandonment," she said. "How can we grant an abandonment to people who are leaving and then say no to someone who lives here."
Resident Sue Knight opposed the abandonment, saying parking in town is already a serious issue in town.
Resident Rex Cleary said there could be easement issues with the forest service that would require the town to maintain the present right of way.
Ron Funk argued that Carson Street's present configuration is a more accurate representation of its history than the 85-foot right of way.
He said that according to his research, the road was the original access from the town's lumber mill during Genoa's construction boom. At that time it had to be wide enough for oxen carts to load lumber and turn around.
Neighbor Arlene Cochran said that by approving the abandonment, the town was opening a Pandora's Box.
"You will start a gold rush," she said.
Jody Kynett supported the abandonment, saying the approval would not alter Carson Street.
When it became apparent that board members were going to vote in favor of the abandonment, Donohoe sought to ask a question, but was told public comment was closed.
In leaving after the vote, several opponents of the abandonment let the board know they were unhappy as they were leaving.
