VIRGINIA CITY - When Mia's Swiss Restaurant painted over the old Odeon Hall sign on their building and refused to restore it, they violated a law, Comstock Historic District commissioners say. A complaint is being drafted for the commission by the Attorney General's office, and after review by Commission members it will be filed in Lyon County District Court.
It's a step the Commission was loath to take, but felt they had no choice according to Bert Bedeau, district administrator for the Commission.
"There has been an ongoing discussion between the owners (Max and Mia Kuerzi) and the public since August of last year concerning the sign, and many attempts to meet the needs of the owners and come up with a solution short of legal action," Bedeau said.
Mia's Swiss Restaurant on Pike Street in Dayton falls within the Comstock Historic District, where special rules apply to buildings in an effort to maintain historic integrity.
In July of 1999 the Kuerzis painted over the large Odeon Hall sign that occupied the east side of the building. They also painted the name of their restaurant on the front, sparking complaints from some Dayton residents and the present conflict with the district.
"The Kuerzi's feel they should be able to do what they want, even though they are subject to the jurisdiction of the commission." Bedeau said, noting the issues involve peoples' choices in an intimate way: the outside of all buildings in historic districts are subject to the scrutiny of the commission.
"(The Kuerzi's) have done a reasonably good job with the building, but they have known about these requirements for 10 years," Bedeau said. "It's very unfortunate that the whole community is being polarized."
"No one has ever been upset about them having their sign up to advertise their business," Johnnie Saylor, Dayton business owner said, noting that of the dozen or so businesses in the downtown district, only three objected. "This matter is not personal," she said. "Removing the sign was the wrong thing to do."
It's a major issue, expecially in the context of the west: people in rural areas feel they should have the freedom to make these decisions, but regulations in these districts have been embraced by the legislature and the people for over 30 years.
"The (Comstock Historic District Commission) has the final say over Dayton's historic district, so if people buy into the historic district, they have to abide by the rules. They should go elsewhere if they don't want to do that," Saylor said.
"Everyone agrees that preservation of Dayton is important to Nevada and the country," Bedeau said, noting that people here are so familiar with the historical aspects of the area, they take them for granted. And Dayton is unique because of its connection with the Lincoln Highway. "(We have) one of the best sets of historical resources anywhere, and Dayton is as important as Virginia City or Gold Hill."
At the time of this writing, the Kuerzis could not be reached for comment.