Pahrump exotic animal owner goes to court against Nye County

A Pahrump exotic animal owner is asking the court to intervene in her dispute with Nye County over a conditional use permit.

Jacki Freeman wants to void the requirement for a conditional use permit for her property as part of a July 28 petition for judicial review against Nye County and the board of commissioners.

Nye County officials said that Freeman expanded her grandfathered rights to accommodate her animals. But Freeman said in a court filing that the Pahrump Regional Planning Commission “is not permitted to put conditions on the use of her property as she was grandfathered in as a legal nonconforming use.”

On May 10, the planning commission upheld the zoning administrator’s determination that Freeman is required to obtain a conditional use permit for the expansion of grandfathered use at her property on the 55oo block of North Blackrock Avenue in Pahrump.

Freeman’s appeal of the planning commission’s decision was denied by Nye County commissioners at the July 18 meeting.

Freeman’s property is currently regarded as non-compliant with local, state and federal laws, according to the documents. Officials said she is required to apply for a conditional use permit for an expansion of a grandfathered use under Nye County Code.

In the filing, Freeman is asking Fifth Judicial District Court for an injunction or declaratory order declaring the commissioners’ attempt to act on her grandfathered nonconforming use as void and the planning commission’s denial of her applications as invalid.

Nye County Code defines a nonconforming use as as “a use which was lawfully established and maintained, but which does not comply with the regulations applicable to new uses in the zoning district in which it is located; the use of any land, building or structure which doesn’t conform with currently applicable use regulations, but which complied with regulations in effect at the time the use was established,” according to the documents.

Additionally, it defines “grandfathering” as “a lawful nonconforming use,” according to the court filing.

Freeman said she acquired the property in the 5500 block of North Blackrock Avenue in 2005, to house various animals, including special condition animals.

“At the time, Nye County did not have any land use or zoning ordinances that regulated such use of the property or required any permit. At a later time, the county enacted land use regulations and ordinances. Since that time, we have continued uninterrupted with the same activity relating to the animals,” Freeman said in the documents.

Court papers

In the court filing, Freeman said the use of her property was lawfully established and maintained in 2007, complying with use regulations that were in effect at the time. The property, she said, conforms with currently applicable use regulations that are stipulated in the Nye County ordinance, which amends definitions and uses allowed by conditional use permits in certain residential zoning districts.

Freeman, who has been providing a sanctuary for unwanted exotic animals since 2008, argued that she is “falsely accused” by Nye County Animal Control of expanding her use to possess exotic animals.

The issue originated in late 2016, when Nye County Animal Control and the Nye County Sheriff’s Office seized Freeman’s animals after officers responding to a report found evidence that the animals were not being cared for properly.

The animals

Two African lionesses, a Bengal tiger, eight Canadian Siberian lynx hybrid cats, an African lion, a black panther, a Fennec Fox and a Serval Caracal hybrid cat were taken from the property.

Freeman was issued a citation for alleged animal cruelty as she had custody of the animals, according to the records.

Nye County later returned the animals to Freeman, with the exception of the two cats that had died. The county also reinstated Freeman’s special use permit that allows to her possess special conditional animals per Nye County Code.

One of the seized animals, a Fennec Fox, is still being held by Nye County.

A message was being left with the county seeking its response to Freeman’s request to the court.

Nye County officials said they couldn’t comment on pending litigation.

Contact reporter Daria Sokolova at dsokolova@pvtimes.com. On Twitter: @dariasokolova77