A Response to the SAP Applicant’s Letter
To:
Garden City Clerk
6015 Glenwood
Garden City, Idaho 83714
From:
John Livingston and Lynn Livingston
Garden City, Idaho 83703
Madam and Sirs:
This letter and enclosures therein are respectfully submitted to the Garden City Fathers to be included in the application package for the Special Area Permit (SAP) River Club Application and are in response to a letter written by Ms. Joann Butler, which was published on the Save Plantation web page on April 9th, 2023. The letter referred to on the web page as the Feb. 7th, 2023 letter was our official response on Leroy Law Office stationary that was presented to the Garden City Planning and Zoning Commission work session on Feb. 15th, 2023. Events prior to the April 9th posting of Ms. Butler’s responses on the Save Plantation web page require further commentary and reply.
For the record Ms. Butler and Mr. Wadams, the City Attorney, were informed immediately after we realized our error in testimony. Mr. Leroy represents three named couples who are residents of the Plantation neighborhood. His amendment to the testimony was sent to both Mr. Wadams and Ms. Butler. They both were sent, and we believe received, the correction the same day that the error was identified. Our position has always been that Mr. Leroy has three clients that retained his services, and that we have over 100 neighbors who have expressed similar concerns. We had 71 people show up at the last P&Z meeting. Some of our biggest supporters are not clients of Mr. Leroy. They will make themselves known publicly at the appropriate time and at the appropriate meeting, and most plan on testifying.
Preserve Plantation is a registered LLC with the Idaho Secretary of State. We have a tax ID number. Both are current and up to date with the IRS and the Secretary of State.
Since Feb. 15th, 2023 we have sought clarification from the applicant on several issues:
Is the Master Declaration Contract in affect? Why not?
Does the City Code for a Special Area Permit (SAP) and any proposed amendments conform to the State Special Use Permit (SUP) Statute?
Who owns the River Club property? Are the owner, applicant and declarant identified as being one and the same? How and by what vehicle has ownership changed and been reestablished currently? Are there any claims on the property that have been invisible up until now to the Plantation neighbors who believe that through the Master Declaration Contract such notification should be forthcoming?
Will you agree that the golf course holes as designed will remain undeveloped in perpetuity?
Answers have not been forthcoming.
Lynn and I were originally Will Gustafson’s biggest supporters. We were reluctant to oppose the (SAP) application. When material misrepresentations were made to us regarding the ownership of the property and the scope and nature of the proposed development, and the positions of those acting as agents on behalf of Mr. Taunton and Lincoln National, we determined that we could not stand by and let outside interests determine the future of our neighborhood.
Respectfully submitted,
John and Lynn Livingston
Read the letters and documentation referred to in the post above by clicking on these links: