County turns down Buckeye | RecordCourier.com

County turns down Buckeye

Sheila Gardner

Bolstered by a favorable Nevada Supreme Court ruling, county commissioners voted Thursday to turn down an offer to settle litigation with developers of the 12-year-old Buckeye Creek subdivision.

“We are prepared to proceed,” said Deputy District Attorney Brian Chally. “I think our position is defensible.”

Developers offered to drop the lawsuit if Douglas County would accept an $8 million security deposit more than a year after the deadline passed for approval of the first phase of the final map for the nearly 2,500-unit subdivision.

Buckeye Creek sued the county after District Judge Dave Gamble refused to extend a temporary injunction to force the county grant another extension deadline. The Supreme Court upheld Gamble’s ruling in a May dismissal of Buckeye Creek’s appeal.

“I think Douglas County has absolutely bent over backwards as far as due process was concerned,” Commissioner Jacques Etchegoyhen said Thursday. “We’ve almost been an enabler.”

Project owner John Shahin told commissioners that the project was still viable.

He also introduced Gary Powell of Idaho who has offered to buy the project and was going to put up the $8 million, according to Shahin.

“Mr. Powell has done many projects,” Shahin said. “He doesn’t use just one source of money. I think it’s a win-win situation.”

“I assure you I do have the funds available,” Powell told commissioners. “I’m very much interested and will provide a lot for the county. I have no intention of coming in and doing a sloppy job.”

The subdivision was planned for 958 acres along East Valley Road. By failing to meet the March 31, 1996 deadline to post the security deposit, developers must begin the application process all over, under a new master plan.

The lawsuit pending in Douglas County District Court seeks damages for what developers claim were new conditions and an inflated financial security required for the project.

The deposit is required if the development is not going to install improvements such as roads, water and sewage for the proposed development.