Proposed Lakeview elder-care home for sale

A "For Sale" sign went up Tuesday in front of the Lakeview home proposed for a controversial elder-care facility.

Chick James of Realty Executives Nevada's Choice said owner Karen Kelly contacted him and put it up for sale. The property is listed at $789,000.

Kelly purchased the home at 4150 Numaga Pass two years ago. She applied to the city to open an elder-care residence for 10 seniors.

Neighbors protested Kelly's application to the city after she mistakenly thought she needed city approval for the home. However, city attorneys said state law permits the use if she acquires a state license and meets health and safety requirement.

Lakeview homeowners filed a lawsuit in January against the state and the city, asking the courts to define state law allowing halfway houses and elder care homes in residential areas despite restrictions.

Neighbor Albert Fischer said he still wants to know whether the state law overrides codes, covenants and restrictions prohibiting a group home.

"I still think the law needs to be clarified," he said. "We need to go to court to define the law. What's the point, if you can't enforce the codes, covenants and restrictions?"

The restriction was established in 1970 when the Lakeview subdivision was developed.

The law, passed in 1999, requires cities and counties allow group homes for disabled, the elderly and drug and alcohol rehabilitation residents to operate in single-family neighborhoods.

Kelly has operated three similar facilities in California for the past 10 years.