WINNEMUCCA — A couple who have battled local and state government over road access to their business have kicked matters up to District Court. Cleve and Delores Mallory filed a $1.5 million lawsuit against Humboldt County, the Humboldt County Commissioners, and the Humboldt County Regional Planning Commission.

THE PLAINTIFFS: The Mallorys own a convenience store on US 95 about eight miles north of town. The business is located on Bruce Drive, which at the time of purchase had immediate access to US 95 but is now accessed by Delaney Drive.

HISTORY: Going back to 2006 when the Mallorys began the permitting process, there were many safety concerns about the access point into the Delaney subdivision at Bruce Drive – including the eventuality for increased traffic. The speed limit at that point is 70 mph and there was no northbound deceleration lane or southbound left-turn lane. In addition, there were also concerns about ATV’s crossing the highway to get from the sand dunes to the C-store.

According to documents filed with Humboldt County, there was no access point from Bruce Drive to US 95 on the original plans; it became a road because people started using it. At some point someone put in a cattle guard, it’s not clear who, and the state put up a sign noting Bruce Drive.

According to NDOT documents, all that was moot because the right of way granted to the developer, Jim Delaney, was for a residential subdivision. Once the intended use of the property changed to commercial the right of way was no longer valid.

In order to keep the Bruce Drive access point Delaney would have to pay for the road to be widened, would have to add a deceleration lane, and a left-turn lane.

At that point, Delaney gave up the right of way between US 95 and Bruce Drive.

NDOT then closed the access point. It was Mallory himself who put up the barricade between Bruce Drive and US 95, and it was the Mallorys who agreed that access to their business could be made from Delaney Drive in exchange for the county dropping a traffic study that had been a requirement of the conditional use permit.

At one point Mallory appealed the traffic-study requirement to the County Commission, which ended in a tied vote of the commissioners. It was the opinion of the DA’s Office that since a majority vote is required, the tied vote represented a loss for the Mallorys. That has been a source of contention for the Mallorys who have steadily argued against the need for a traffic study.

THE LAWSUIT: With the Bruce Drive access closed, those wishing to stop off at the convenience store must do so at an access point that’s about a quarter of a mile away on Delaney Drive. As the Mallorys have noted, that rather takes the convenience out of the stop. The Mallorys claim in closing the access point Humboldt County has created a financial hardship for them.

The Mallorys further claim they were discriminated against by the commissioners and the Regional Planning Commission. The couple claimed relevant information was withheld from them and further they were required to take action to open the access point (widen the road, etc) that other person were not forced to take.

The suit claims, “The defendants are responsible for the improper and illegal closure of a public right of way. The defendants have done so without any regard to the public welfare, safety, or endangerment from the risk of fire or medical services that may arise. Defendants have ignored their own master plans, ordinances and state laws as a result.”

Although the Nevada Department of Transportation is not named as a defendant in the suit, the Mallorys accused the commissioners of conspiring with NDOT to keep the access point closed.

The Mallorys are seeking $1.5 million in compensation for lost revenue, which represents $3,000 from the time they opened their business in Feb. 2009. They are also seeking general and special damages for pecuniary losses for an amount in excess of $10,000.

The County has not responded to the suit as of yet. However, they’re sure to point out it was Delaney himself who gave up the right of way; that NDOT closed the access point – not the county; the Mallorys agreed to the Delaney Drive access point as a stipulation for the Planning Commission dropping the traffic study requirement; and that all these actions had taken place nearly three years before the Mallorys opened their store.