ELKO — A temporary harassment restraining order was issued against County Commissioner Grant Gerber related to a dispute over the construction of a roadway arch in Starr Valley.

The restraining order application, filed Aug. 13 in Wells Justice Court by James and Theresa Currivan, states that Gerber threatened to sue NAVCO construction “if (a worker) so much as dug another hole for an archway post” that was being constructed over a contentious Starr Valley road on July 31.

Jim Naveran was threatened personally, the application continues.

“Jim tried to reason with Grant to no avail. This threat and the intimation amazed and frightened Naveran to leave the work site with crew and equipment,” it states.

Undersheriff Clair Morris said a deputy was called to the scene to keep the peace, though it was only precautionary and the confrontation didn’t rise to a level that warranted the deputy’s intervention.

“It didn’t get physical. There were no arrests,” Morris said. “They decided to take the dispute to the courts.”

After receiving the application, Wells Justice of the Peace Marjean Kidner ordered Gerber to have no contact with the Currivans or their contractors during the construction of the archway and to stay away from Currivan Lane where the arch was being constructed.

Justices of the peace can grant 30-day temporary protective orders based off the applications without the parties arguing in a courtroom. In a brief interview with the Free Press Wednesday, Gerber noted he hadn’t had an opportunity to contest the Caravans’ claims before the judge.

“The temporary orders were issued without a hearing,” he said.

Gerber and his son Travis Gerber — who are attorneys and partners by profession — filed a motion Friday to dissolve the restraining order immediately on grounds that threats of litigation don’t constitute harassment.

Nevada law defines harassment as a threat to cause physical harm, injury or restraint or to do any act with an intent on harming another person’s “physical or mental health or safety.”

Gerber also argued in the motion that the Currivans were misleading in their application, implying the road was private.

Mountain View Camp Road — which Gerber alleged was incorrectly called Currivan Lane by the applicants — is the only access road for a number of residents, including Gerber, who owns property in the area.

Gerber referred to the archway as a gate. In his motion, he accused the Currivans of scheming to control the road.

The arch is “not merely an aesthetic feature,” the motion states. “The Currivans fully intend to place ‘no trespassing’ signs and gates where they have never existed before. The purpose of the structure is to deter lawful use of the roadway…”

Theresa Currivan was contacted for comment but declined to do so at this time. She said she would have time to discuss the matter in about a week.

A hearing is scheduled 10 a.m. Aug. 29 in Wells Justice Court.

That hearing will add to the Currivans’ and Gerbers’ lengthy history of court battles.

Gerber said the gate was a violation of previous court orders which prevented the Currivans from interfering with access rights.

Most recently, Gerber’s brother and sister-in-law, Mike Gerber and Jill Oswalt, were awarded $8,000 in civil suit damages after Theresa Currivan struck Mike Gerber in the leg with an ATV.

The jury didn’t award the plaintiffs an unnamed but much larger amount related to a heart attack suffered by Oswalt after the incident.

The two sides had agreed to a nearly $1 million settlement in 2011 over the same issue but the deal broke down before becoming official.

James and Theresa Currivan were both found in contempt of court in 2010 for violating prior court orders, which outlined the easement and access rights. Senior District Judge Miriam Shearing sentenced the Currivans to serve 25 days in jail and pay about $9,500 in fines, according to Free Press files.

Locations

(8) comments

It'sme
It'sme

These people have way to much free time and far to much much money, this dispute has been going on for years! Grow up

tricky0ff
tricky0ff

the Hatfields and McCoys are at it again!

mgerber
mgerber

This is no dispute. It is more like the Taliban with "No singing or dancing". How about over 25 judgments and over 15 different judges ruling against the Curribans. Never a ruling against the other parties. Feud, dispute? How about seige?!!!!!

barbaramora1971
barbaramora1971

I thought there had to be a physical assault to get a restraining order?

NVDSL
NVDSL

The court rubber stamps restraining orders. I doubt they even read them. You can get one for having you feelings hurt if you want. This was obviously a strategic move for leverage later on in this on going dispute. It's sad that our justice system falls for such b.s. and entertains this kind of nonsense. Be very careful how you argue with someone because you may have a restraining order signed by a judge out for you and then possibly arrested if you run into them at the store. What a joke.

DEBoyd
DEBoyd

Exactly. Little about this ongoing situation shows anything other than the Gerbers being completely in the right and the Currivans completely in the wrong. Criticizing the Gerbers for continuing to defend themselves is ignorant.

ElkoCountyRes
ElkoCountyRes

Maybe the losing side should have to pay court costs, public time wasted, deputy salary, etc for all this legal wrangling.

JDMO
JDMO

Don't know what the Currivans were hoping to accomplish? They must have money to spare, Gawd knows they must be short on sense? I got no dog in this fight, but if I was neighbors with someone who wanted to "own the street" I think I would be a little bothered as well. These people must positively thrive on angst and misery. Everyone I talk to wonders who, literally, is going to fire the first shot? We just might get to this see this on "Dateline" if this crap keeps happening.

Welcome to the discussion.

Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.