• Carson Now on Facebook
  • Follow Carson Now on Twitter
  • Follow Carson Now by RSS
  • Follow Carson Now by Email

Carson City District Court rules diner must tear down gazebo on McFadden Plaza

Doug Cramer, the owner of Carson City Mom and Pop’s Diner, has been fighting with the city for two years to keep his gazebo which provides shade for his outdoor patio seating in McFadden’s Plaza.

The Carson City Justice Court originally ruled earlier this year that because Cramer did not have the specific permit needed for the gazebo, and because the gazebo is in the public’s right-of-way, he would need to take it down.

Cramer appealed the decision. Carson City District Court Judge James Wilson upheld the ruling of the Justice Court.

According to the judgement, Cramer was in violation of a municipal code which states: “An outdoor dining area...is prohibited in the downtown mixed-use district...without an encroachment permit issued.”

“(This code) puts a reasonable person on notice than an outdoor dining area is prohibited in the downtown mixed-use area without an encroachment permit and therefore is not vague on its face,” the judgement states.

The “vagueness” argument cited by Cramer is generally only used in criminal arguments, and in the situation of the Mom and Pop’s Diner, no crime was committed.

Cramer also contended there is no specific prohibition against gazebos therefore the code is vague. However, the judgement ruled that the gazebo falls under an “outdoor dining area” and therefore is within the limits of the code.

The judgement also states that “the record does not support a conclusion that Carson City has given Cramer permanent permission for his dining area or gazebo.”

An attempt was made to reach Cramer for comment at his businesses as well as through a message on his voicemail but so far he has not responded for comment.

Cramer had attempted to argue that the the city at first gave him permission to put up the gazebo before they changed their minds, and that the municipal code was vague and shouldn’t apply.

Judge Wilson stated that regardless of what may have occurred previously, the municipal code is very clear that without an encroachment permit, Cramer has no right to place a permanent fixture within the public’s right-of-way, which, in this case, is McFadden Plaza, located at 223 West Third Street.

Cramer will need to remove the gazebo immediately now that the District Court has issued its judgement.

Top Stories

... or see all stories

Carson High School's Senior in the Spotlight this week is Parker Schmid, a remarkable young man whose sparkle radiates in every aspect of his life. From academics to extracurriculars, Parker's journey embodies excellence and compassion, traits that set him apart from his peers.

UPDATE 6 p.m.: Courtesy of the Lyon County Sheriff’s Office: On May 3, 2024 at approximately 1430 hours, Lyon County Sheriff’s Deputies responded along with Central Lyon County, Carson City and Storey County Fire personnel to the area of 34 Newman Ln. for a report of motorhome on fire. Upon arrival, it was discovered that the fire had spread and multiple other abandoned vehicles caught fire as well. No one was hurt or injured during the incident. The incident is currently under investigation, which is being conducted by the Nevada State Fire Marshall’s Division.

UPDATE 2:38 p.m.: Firefighters from Storey are also now responding.

UPDATE 2:33 p.m.: Multiple vehicles on the property are engulfed in flame.

***

Around 2:15 p.m. a fire was reported at 34 Newman Lane in Mound House.

Firefighters from Carson City and Lyon County are enroute to the scene.

UPDATE 1:20 p.m.: According to Sheriff Ken Furlong, a student reported they saw a weapon. The incident was investigated and there was no weapon found. The lockdown has now been lifted and students are leaving the school.

UPDATE 1:15 p.m.: Update 05-03-24 at 1:15 p.m.
One student has reported an alleged weapon sighting. It has not been corroborated, but school officials and the sheriff’s office are investigating out an abundance of caution.

***

UPDATE 12:50 p.m.: The following update was provided by the district:

Carson High School was put on lockdown this afternoon around 12:15 p.m. No person was injured. There is an active situation being investigated in cooperation with the Carson City Sheriff’s Office. We will provide more information as it becomes known. The school is secure. Do not go to the school. No entrances will be permitted at time. The district will provide updates every 30 minutes. Expect the next update at 1:15 p.m.

***

Carson High School is currently on a lockdown as of 12:40 p.m. Friday, but there has been no incident reported according to Sheriff Ken Furlong.

Two School Resource Officers are on scene investigating why the alarm went off.

The Lyon County Board of County Commissioners heard a presentation from the Nevada Department of Transportation (NDOT) on the current status of the Highway 50 Preservation Project in Dayton.

Kids ages 8-14: Join Skiing is Believing at Western Nevada college for our multidiscplinary sport & fitness camp! Every day of every week, Skiing is Believing staff will help provide a variety of sports for kids to develop their physical skills and promote emotional development through exercise and community service.

After months of thorough community engagement and meticulous deliberation, Douglas County has announced the completion of its new Strategic Plan. This document, which will guide the County's decisions and resource allocation for the next five years, is the result of extensive input from both internal and external stakeholders.

The unpredictability of spring this first weekend of May continues with the threat of snow showers in the Sierra on Saturday, along with gusty winds and rain down to the valley floors for Carson City and surrounding areas. The storm system should moved out by Sunday morning.

Carson High School Culinary Arts and Early Childhood Education students competed at the three-day state conference last month for Nevada Family, Career and Community Leaders of America. This was the first time the school’s programs participated in the conference. A total of 25 students competed in eight events.

Family fun, lively bands and historical characters return to Dangberg Historic Park in Minden beginning in May. Favorite presenters, bands and Chautauquans will be joined by new ones as well.

Carson City’s former Board of Supervisor and business owner Stan Jones was posthumously awarded Thursday the Historic Preservation Award for his long time work for downtown Carson City.

Each year, a Historic Preservation Award is awarded by the Historic Resources Commission to Carson City residents or organizations who have gone above and beyond in their dedication to historic preservation.

The Nevada Law Enforcement Officers Memorial is today, Thursday, May 2 at the Nevada State Capitol in Carson City. The memorial brings hundreds to the capitol grounds. The ceremony begins at 1 p.m.

Douglas County Sheriff's Office arrested three for their alleged involvement in business thefts last month on Topsy Lane south of Carson City.

The national issue of suicide — particularly among veterans — touched many people who attended the Walk for Hope on Wednesday morning at Western Nevada College in Carson City.

The new renovations at the Carson City Senior Center opened the opportunity to host art shows to extend enrichment to the senior community. Carson City Senior Center presents “Geographical Divides: Finding Common Ground,” featuring 16 artists who were asked to explore the geographical and cultural differences in Nevada, if such differences truly exist.

Meet Nash, Nevada Humane Society, Carson City branch Pet of the Week Nash. He's a striking 2-year-old German Shepherd who entered our shelter a couple of weeks ago due to his previous owner's moving. With Nash's handsome appearance and endearing personality, this young man captures the hearts of all who meet him.

Time to dust off those ten-speeds Carson City, because May is Bike Month in the capital city!

Carson City’s Muscle Powered hosts bike month each year in addition to their year-round volunteerism.

More than 48 Carson High School Future Business Leaders of America students attended the state conference in Sparks, Nev. this past week. In total, 38 of those students earned 74 “Top-10” placements in 30 separate events. Additionally, three CHS FBLA students took state with first-place finishes and 15 of them qualified for the National Business Leadership Conference in Orlando, Fla. this coming June.

Carson Animal Services Initiative (CASI) would like to thank everyone who attended or contributed to our annual Bark Whine & Dine, held on April 27. What a wonderful event it was!

The inaugural Carson City Cinco de Mayo 2024 festival this Friday through Sunday will be a 3-day celebration of Mexican culture for all the Northern Nevada region to enjoy.

In recognition of Historic Preservation and Archeological Awareness Month, the City’s Historic Resources Commission has organized the 2024 Scavenger Hunt.

We’re back, bigger and better than ever! Please welcome the second annual Mark Twain Days, May 10-12. For a listing of events take a gander at the website here.

You will find something of interest or my name’s not Mark Twain, or used to be anyways. And this year Virginia City is joining in on the fun along with Carson City. Wow!

Marilyn "Mert" Paoli Lewis retired on April 30 after 42 years as a State Farm Agent. She started her career as a Scratch Agency in 1982, meaning she had no customers initially.

Food Bank of Northern Nevada made a stop to the Carson City Senior Center on Wednesday morning, with another stop at the Dayton Senior Center from 11 to noon.

The Nevada Department of Motor Vehicles has announced the implementation of a new appointment system, WaitWell, in all metropolitan and rural offices throughout the state.

Meet up with others from the community to hear and share stories and experiences

CONNECTIONS social gatherings bring locals together weekly for story sharing, conversation and inspiration.

Join us every Saturday for Café CONNECTIONS from 10 to 11:30 am OR from noon to 1:30 p.m. at La Capital Cafe, 1795 E College Pkwy, Carson City.

Earlier this month, 11 students from Carson High School and six Carson Middle School and Eagle Valley Middle School students participated in the Annual American Choral Directors Association Nevada All State Choir event at the University of Nevada Las Vegas.

The Carson City Farmers Market returns to the capital city Saturday, June 8 at its new home in Mills Park. Each year, the market continues to grow, and this year is no exception with 11 new vendors added to the roster.

Do you live in the Carson City or the surrounding area? Do you have a loved one that has Alzheimer’s or some other form of dementia? If yes, let us support you through your challenging and new situation! We are here to help you!

Carson City Host Lions Club 2024 Kids Fishing Day is a community event held at Baily Pond in Fuji Park. Kids’ Fishing Day will be held on Saturday, May 4, from 9 a.m. to 1 p.m.

Looking for a place to take your little ones this week? Look no further! Here is a list of family-friendly (and fun!) activities and events happening this week around the capital city.