Permit for 10 tigers upheld

After several years of legal wrangling, Ray "the Flagman" Mielzynski can keep 10 rare tigers owned by Karl Mitchell on his property, a local court and county officials ruled this month in separate cases.

The decision came despite attempts from an animal rights group and a Pahrump resident who were opposed the action.

Judge Kim Wanker ruled in favor of both men during a Jan. 14 status check hearing in district court, followed by a favorable ruling by Nye County commissioners on Tuesday.

The new development comes roughly two months after the Regional Planning Commission granted Mielzynski a conditional use permit to house 10 animals at his 6016 Woodchips Road property.

During last week's court hearing, Mielzynski told Wanker he met all of the requirements necessary to obtain a permit from the Regional Planning Commission, which would allow him to keep the tigers on his property.

"I have the permit and a certificate that says the animals are in good shape," he said. "I also have the Right of Way from the BLM and the property has been inspected several times already, which is part of the conditions. We are two months in and there are no problems and that is exactly what you asked for. On two prior occasions, you said if we did this, it would all be moot."

Nye County Chief Deputy District Attorney Marla Zlotek countered Mielzynski's position, while citing a summary judgment handed down by Wanker during a previous court appearance in September.

The judgment ordered Mielzynski to remove the tigers within 60 days.

"The summary judgment order has not been complied with, because those animals have not been removed from the property," Zlotek said. "Dealing with the amended order of contempt, we would like to ask that you impose a $500 fine against each defendant, even though there is a Conditional Use Permit that has been granted, however it took more than a year to get that. They were found in contempt."

The issue, which has been ongoing for several years, came about from an anonymous complaint.

In June 2012, the Pahrump Regional Planning Commission deadlocked 3-3 over whether to grant Mitchell a use permit.

When the planning commission took up the issue again in August 2012, the body voted 4-1 against issuing a permit.

During an October 2012 meeting, Nye County commissioners overturned the planners' decision and approved the permit.

However, in February 2013, they revoked Mitchell's conditional use permit on the grounds he was improperly exhibiting the tigers.

The approval for a permit requires compliance with all state and federal laws.

In April 2013 the Nye County Commission upheld the RPC's revocation by a 3-2 vote.

Following Tuesday's decision by commissioners, Mielzynski said he's relieved the ordeal appears to be over for now.

Commissioners discussed and voted to deny an appeal filed by several animal rights groups opposed to the issuance of the permit back in November.

"It was tremendous pressure for us all," he said. "The pressure is that every morning when you wake up, it is on your mind throughout the whole day. I am relieved that this is all over with for now and I'm glad the commissioners did the right thing in voting 5-0 to deny the appeal."

Mielzynski also noted a possible bias against Mitchell.

"They keep coming after him," he said. "How can you have five other big cat places in the same area and the only one to get hammered by the county is Karl."

Though Wanker and commissioners ruled in favor of both men, Mielzynski said the issue may not be entirely over.

"If somebody else files a complaint we have to go through the whole process all over again," he said. "We have 22 months left on this conditional use permit and we are being very diligent on every little aspect of it. This place has been inspected, all of the cages have been inspected, and the animals are well taken care of. We have done everything we were supposed to do and we are continuing to do it."

Contact reporter Selwyn Harris at sharris@pvtimes.com