The Buddy Burro Story

In July of 1998, Buddy the burro arrived in Cordes Lakes, Arizona. On May 3, 2000 Buddy’s owner, disabled veteran Mike Rogers, was given notice that his property would be sold at auction to pay the legal fees the Cordes Lakes Community Association had accumulated in their battle over Buddy burro. Rogers moved to Cordes Lakes in 1991. At the time that he purchased his property, he was not informed by his realtor that there were existing Conditions, Covenants, and Restrictions (CC&Rs). In the following six years, he acquired a total of six lots. It was his intent to develop a Horticultural Laboratory and Burro Habitat. Neighbors Bob and Judy McLean bought a burro, Chili, for their four lots in May of 1998. Rogers helped the McLeans to train and care for their burro.

  Two residents Denotta Abbot and Sandra Necamp began to complain about Chili burro’s braying. Then Rogers was given Buddy burro to help with weed control on his property, and assist him in his walking. An officer of the CLCA informed both Rogers and McLean that they were not allowed to keep the animals. Because neither Rogers nor McLean removed their burros, the CLCA brought in their attorney. The attorney for the CLCA, while acknowledging that they had not violated county ordinances, asked the McLeans and Rogers to remove their burros as the CC&Rs did not permit livestock within Unit 7 of the subdivision.

What did the neighbors think? Local children love to ride Buddy and he has become a 4H project. All of the immediate neighbors wrote letters in support of the burro with the exception of Abbott. Rogers has over 700 signatures in support of the burro staying in Cordes Lakes. In addition, 55% of the property owners in Unit 7 have signed a petition saying they would prefer to be governed by Yavapai County Ordinances rather than the CC&Rs. The matter went to trial on December 29, 1999 with Judge Raymond W. Weaver ruling in favor of the CLCA. He ordered that the burro must be moved from the subdivision and that Rogers must pay the legal fees of the CLCA totaling more than $10,000. Rogers was then served with papers that his property would be sold at auction to pay these fees. Rogers has been on permanent disability as defined by the Social Security Administraion for 15 years, however in the judgement of the December 29, 1999 hearing, the Honorable Raymond W. Weaver, Jr., found that “there is no credible evidence that Defendant Rogers has a disability, as defined by the Americans With Disabilities Act.” When Rogers brought up the other violations of the CC&Rs, the judge admonished the CLCA that the covenants must be uniformly enforced and not selectively enforced.

Due to the Holiday season, Rogers was unable to obtain certification from his doctor that his burro is an assistive living animal prior to the December 1999 court date. He did provide this certification to the President of the CLCA, Kay Marsh, in January, and it was taken under advisement by Judge Weaver when he motioned for relief of judgement. Rogers has won a small reprieve: Judge Weaver ordered a stay of the auction of Rogers’ property while he takes the information on the Americans With Disabilities Act under advisement. And where is Buddy burro? He is living on the Agua Fria National Monument adjacent to Cordes Lakes and not 200 yards from his from his former home with his new burro companions, Mozart and Rachmaninov. And, the residents now feed the burros treats from their backyards, or over the fence.

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