May 18 Principals’ Meeting with Attorneys
The Principals of “Preserve Plantation” and most of the homeowners of The Plantation Neighborhood would like to thank Mr. Will Gustafson for reaching out to us and inviting us to an “on the record meeting” this morning.
We are aligned with almost all the River Club Members and with all our neighbors that our primary objective should be to be responsible stewards of this legacy property, and to keep it as a golf course and an open space so our children and grandchildren can continue to experience what we have been able to give our families for many generations.
Our position remains the same as when we started our organization six months ago:
We believe the Plantation Master Declaration Contract is operative and relevant and needs to be followed and respected. This was not done when the original (SAP) was made into code.
We believe that neither the (SAP) as currently in code or the amended (SAP) are consistent with the State of Idaho Statute regarding Special Use Permits (SUP).
We will not contest the development of phase 1 and 2 as per the current (SAP).
We will contest Phase 3.
We believe that under the terms of the Master Declaration Contract all changes in ownership, the characteristics of ownership, and any encumbrances, leans or claims on a property that is part of The Plantation Neighborhood needs to be fully disclosed to the property owners in the neighborhood using a process defined in the Master Declaration Contract, and then either approved or disapproved by the owners in the neighborhood.
We have asked the declarant, owner, and/or the applicant to demonstrate to us in law where we are wrong, and they have been unable or unwilling to do so.
We have adjusted our position regarding phase 1 and phase 2 as a compromise. The current roadblocks to development regarding access to Fair Oaks Place and density and parking would be mostly resolved by such a compromise.
We have asked the owner/applicant/declarant to offer us any other possible “remedy in real estate” and they have offered none.
After consultation with neighbors, homeowners and local businesses we are prepared to carry on with litigation for however long it takes, so that we can preserve Plantation.
Thanks to all,
Preserve Plantation Neighborhood