Town files lawsuit over watering Toler trees

The sidewalk along the west side of Toler Lane is a nice place to take an idyllic stroll.

But behind the bushes and trees along the winding, shady walk is a legal struggle over just who is supposed to do the watering.

Gardnerville is suing the Chichester Estates Home Owner's Association claiming it's the residents' job to keep the landscaping up.

The homeowners counter that they don't own the property the walk is on and that it's clearly the town that should be paying for the water and electricity to keep the landscaping along the walk watered.

According to a request for a preliminary injunction filed back in March, the association sent the town a letter in October saying it was shutting off the water and electricity to the landscaping.

The letter said that not only is there no legal community property in Chichester Estates, the landscaping is on the other side of a block wall from the neighborhood.

The town sued in District Court to prevent the association from "abandoning its duties to maintain improvements along Toller."

According to the lawsuit, the developer of Chichester Estates agreed that the residents should maintain the landscaping.

The homeowner's association formed in 1998, and the charter was amended to include maintenance of the Toler Lane landscaping.

Both the town and association have lost first rounds in court. Judge Michael Gibbons denied the association's motion for a summary dismissal sought because the home owners' attorney said the matter should go to arbitration.

He also denied the town's request for a preliminary injunction to force the association to water the landscaping, saying maintenance of the landscaping could be conducted by the town until the matter was settled.