Trees victim of residents’ zeal for view

Sunday, March 26, 2006 | 7 a.m.

When a vandal chopped down hundreds of trees in a year's time in an upscale Henderson neighborhood, residents and authorities wondered not only who was behind it but why.

Prosecutors believe they answered both questions with the November arrest of 58-year-old Douglas Hoffman, who is scheduled to make his first appearance Tuesday in Henderson Justice Court.

Hoffman is charged with seven felonies and three gross misdemeanors for allegedly chopping down more than 550 trees worth nearly $250,000.

Hoffman denies the allegations, according to his attorney James Leavitt, who maintains his client is too feeble to have committed the vandalism.

Authorities believe Hoffman was trying to preserve his backyard views of the Las Vegas Strip and mountains that would be lost as the trees grew. Hoffman's wife, Debbie, told Henderson Police he chopped off the tops of trees next to their home on Colvin Run Drive in Sun City Anthem to retain their view of the Las Vegas Valley.

"I think that's the reasonable interpretation from the evidence and the location of the trees chopped down," said District Attorney David Roger.

The unusual case highlights the premium that many Las Vegas Valley residents place on a view of the Strip and mountains - scenic vistas that could be lost for some by trees or from increased densities and building heights.

In recent years, high-rise developers have filed lawsuits objecting to adjacent projects. Homeowners who maintained they paid for a view when they bought their house have sued neighbors and developers over losing it. And local governments have heard pleas of homeowners about projects tarnishing their view of the Strip or mountains.

"I think there will be more lawsuits because people won't accept the inevitability of buildings blocking a view that they cherish," said Las Vegas lawyer Chris Kaempfer, who represents home builders. "In a growing community like Las Vegas, views unfortunately are sacrificed simply because of the need for development."

A 1969 decision handed down by the Nevada Supreme Court - which concluded that unless a property owner has an easement from neighboring land owners, he has no right to a view - still stands today, said Clark County Deputy District Attorney Rob Warhola.

That's the standard across the country, said Ngai Tindell, a professor at UNLV's Boyd School of Law.

That lack of rights has prompted some property owners across the nation and the world to resort to illegal activity to protect their views.

In California, some cities have enacted ordinances to help preserve views after reports of residents sneaking around at night with cans of poison to kill their neighbors' trees or calling tree-trimmers while their neighbors are on vacation. And the city of Dana Point sued a homeowner after he hired workers to cut the top of seven pine trees in a city park to give him a clear view of the harbor.

In Sydney, Australia, residents, risking fines of up to $750,000, have been cutting and poisoning trees to improve their views of the city's world-famous harbor and beaches.

Given what's happened elsewhere, the tree cutting in Henderson does not seem so bizarre - but authorities are taking it seriously. If convicted, Hoffman faces up to five years in prison and could be ordered to pay restitution.

"There are other avenues to achieve a result without going out in the middle of the night and cutting down trees," Roger said. "You can go to your homeowner's association or file a lawsuit. We have the courts to resolve these type of issues."

While maintaining his client's innocence, Leavitt agrees that no one has the right to go on another's property and cut trees.

"You may have a civil action against a developer, but you never have the right to go in the middle of someone's yard and cut down their trees," Leavitt said.

That's an option some area homeowners have turned to in recent months.

In January, Henderson pediatrician Ralph Conti filed a lawsuit in District Court against Paul Schloss, the owner of five Brooklyn Bagel Deli shops in the Las Vegas Valley.

In the suit, Conti alleges that Schloss' home, under construction in MacDonald Highlands, a Henderson gated community, appears to violate the subdivision's 20-foot height restriction for his lot.

That's cutting into his view of the Las Vegas Valley and Strip - a view that was the deciding factor when he and his wife bought their lot and built their home, according to the lawsuit. The diminished view will not only take away from their enjoyment of their home but reduce its value, the lawsuit said.

If the home exceeds that 20-foot limit, Conti wants the roof line lowered, said Henderson attorney Mike Pontoni.

"You are entitled to a view if it is obstructed by a party outside the codes," Pontoni said. "We believe the neighbor has built above 20 feet, and he's refused to let us verify it."

Schloss said the height of his house, including a rooftop deck, is only 18 feet, 4 inches.

"This is a ridiculous case," Schloss said. "I think they are doing it because they think we are taking away their rights to view the fabulous Strip of Las Vegas. No one is promised a view when they buy here."

Schloss said he chose his lot for the neighborhood and regards the view as simply a bonus. It makes the home more marketable, he said.

Rich MacDonald, the manager of the company that built MacDonald Highlands, said while some homeowners pay up to a $500,000 premium for lots because of their views, no views are guaranteed.

"Our contract is very clear," MacDonald said. "We don't guarantee views. If someone built a high-rise on Horizon Ridge Parkway, there is nothing we could do about it."

MacDonald was served with a lawsuit in February by MacDonald Ranch resident Miguel Gonzalez. He alleges he was promised that only single-family homes would be built behind his $4-million,18,000-square-foot home adjacent to the Dragon Ridge golf course, instead of the two-story homes being built that he argues detract from his view of the Strip and Las Vegas Valley. Gonzalez wants the surrounding homes reduced in size.

MacDonald attorney Randall Jones said he will ask that the case be dismissed based on the 1969 Nevada Supreme Court ruling that views are not protected.

One high-profile lawsuit in 2005 helped scuttle plans for high-rise condos along the Strip. In January, the Related Co. pulled their Icon towers project, citing delays stemming from a lawsuit filed by Lorenzo Doumani, who planned a high-rise tower nearby. Doumani, who eventually dropped his lawsuit, claimed that the proposed neighboring two 522-foot towers would cast shadows and hamper views.

When the Red Rock Station opens next month, the hotel tower will measure only 200 feet instead of the 300 feet that Station Casinos proposed. Clark County approved the height reduction after residents protested that the tower would detract from views of the Red Rock Canyon National Conservation Area.

Even though cities like Henderson have no ordinances protecting views, Tracy Foutz, the city's assistant director of community development, said that does not mean elected officials are not sympathetic to homeowners' concerns.

In some cases when residents complain about a loss of view of the Las Vegas Valley, the City Council may impose restrictions on nearby homes' height to protect neighbors' privacy.

Henderson Councilwoman Amanda Cyphers, who works as a real estate agent, said many brokers list homes as having a great view. That perhaps gives buyers a false impression that they will have that view forever - a promise no one can make, she added.

Cyphers said the desire for a view is strong with many buyers. Most prefer the view of the lights of the Strip over mountains, but simply having a house with a view is something many homebuyers are willing to pay a premium to enjoy, Cyphers said.

"I think sitting out on your porch drinking coffee looking at the gorgeous view as the sun goes down can be calming to your soul," Cyphers said.

MacDonald, who lives in MacDonald Highlands, said there is nothing like looking at the Strip and nighttime lights that extend to the north for miles.

"Forty years ago, that view of the Strip wouldn't be as important as it is today," added Lisa Mayo-DeRiso, a board member of Scenic Nevada. "The Strip is an icon. It is like having a view of the Eiffel Tower."

Cities in other states such as California and Colorado have taken steps to protect mountain and ocean views. But the Las Vegas Valley with its fast-paced growth appears to be past the point where more restrictions can be put in place, said Mayo-DeRiso, whose group is dedicated to preventing buildings and signs from obscuring mountain views.

Even so, Mayo-DeRiso said she and others will fight to preserve majestic views like those of Red Rock, which she called "God's gift to the Valley"-- one she hopes to preserve for future generations.

"If I had my way, certainly much stricter ordinances would be looked at for key areas of the city," Mayo-DeRiso said.

"But growth is the second-largest industry behind gaming. With land prices so high, you have to go vertical. It is a balancing act and struggle (to) meet the needs of growth and preserve vistas."

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