Homeowners north of Cave Rock file appeal for judicial review over rental ban ordinance

DOUGLAS COUNTY, Nev. - The approval of a ban on short-term vacation rentals north of Cave Rock in the Douglas County portion of Lake Tahoe has brought forward a petition for judicial review to be filed in the Ninth Judicial District Court of Nevada. Several residents and Glenbrook property manager Kevin Kjer filed the petition to reverse the Douglas County Board of Commissioner's December vote to ban the 13 vacation home rentals (VHRs) in that region starting January 1, 2025.

The homeowner's group is represented by Alling and Jillson.

The suit alleges that the ordinance is arbitrary, unwarranted, and discriminatory. The homeowners involved in the lawsuit said Douglas County Commissioner Danny Tarkanian spearheaded the effort to ban the VHRs at the behest of one Glenbrook property owner, even after the proposal was rejected by the Douglas County Planning Commission.

The petitioners are asking for a judge to immediately declare Ordinance 2023-1627 void and of no force.

“This area has the lowest density of available rentals in all of Douglas County, and there have been no complaints filed with the County about any disruptions north of Cave Rock,” said Kjer, who manages the sole rental establishment in Glenbrook. “There are almost no Airbnb or VRBO here and I personally screen and supervise every renter. There are no loud parties or nuisances in Glenbrook from renters, period. That may happen South of Cave Rock and should be enforced by the rules the County already established. But we have followed all the rules and yet we’ve been selected for punishment. I hope a judge will see that few special interests that live in Glenbrook part-time should not be allowed to deprive everyone else of their right to rent homes here. It is arbitrary and unfair.”

The court documents state that one of the petitioners, Rick Ray, submitted a public records request in November 2023, and in turn received copies of communication between Tarkanian and one Glenbrook resident, Larry Ruvo. This information was also discussed during the commissioners' December meeting. The 195-page petition shows petitioners Rick Ray, Marcia Ray, Glenbrook Rental Program LLC, and Rustlingwood LLC, claim Tarkanian's actions were politically motivated to help Ruvo get VHRs banned in his neighborhood.