In 2017, the City Council directed the City Manager and City Attorney’s office to file a petition for injunctive and declaratory relief in district court to abate nuisance conditions that existed at the former Golf Course located within the D’Andrea Planned Development generally located near Geno Martini Parkway in Sparks, Nevada.  At the time of filing, the golf course had ceased operations and was abandoned, the clubhouse had been burned down and was unsecured, there were unknown chemicals at the facilities maintenance yard, and weeds had grown uncontrolled in a manner that created a fire hazard.  At the time, City staff was receiving frequent requests from citizens asking for enforcement of the applicable Sparks Municipal Code provisions regarding these nuisance conditions, prompting unsuccessful enforcement actions due to a lack of response from the property owner. This scenario lead to the filing of the underlying lawsuit. The lawsuit remains pending. 

However, D’Andrea Phoenix Acquisition LLC has recently taken steps – with an Owner’s Affidavit denoting IPC D’Andrea’s permission – to revive the property.  The clubhouse has been razed and the foundation secured.  On May 26, 2020, the City Council approved an agreement with D’Andrea Phoenix Acquisition LLC for the temporary sale of treated effluent to control dust and to irrigate the property.  The maintenance yard is again active for ongoing landscaping and golf course maintenance activities.  Nine holes of the former 18 hole golf course now have grass growing and weeds have been controlled on the other remaining portions of the golf course, including common areas.  City staff reviewed the conditions at the property on September 17, 2020 and found that the nuisance conditions that previously existed and were the basis for the nuisance lawsuit have been remedied.

The corrective measures taken by D’Andrea Phoenix Acquisition LLC have corrected the nuisances identified by the City in the petition filed in District Court. Accordingly, City staff believes it would be appropriate to move to dismiss the pending lawsuit without prejudice.  A dismissal without prejudice at this point would not preclude the City Council from instituting a future legal action if nuisance conditions return to the property.

The City Council could direct the City Manager and City Attorney to move to dismiss the legal action against IPC D’Andrea LLC in Case No. CV17-01066.

The City Council could direct the City Manager and City Attorney to continue pursuing the legal action against IPC D’Andrea LLC in Case No. CV17-01066. 

I move to direct the City Manager and City Attorney to move to dismiss the pending legal action against IPC D’Andrea LLC in Case No. CV17-01066.