Life goes on in the Plantation. We are dealing with an issue that many of you have written to me about and our situation is happening all over Idaho in large and small communities. Our quite peaceful neighborhood is soon to become a construction site and dump for a new “project” of high-density housing that has nothing to do with assimilating into a community that has been a “last retreat” in an ever-evolving urban quagmire that is Garden City.
Many homeowners have owned property or been members of The Plantation for over 40 years. The processes that have occurred at City Hall are the end result of a Machiavellian Scheme. The people who are charged with protecting the citizens they represent have allowed themselves to be swallowed up by that scheme that is being now played out and now being called out by many concerned citizens in our neighborhood and town.
I am not an attorney, I have no previous experience in HOA law, planning law or litigation, contract and business law, and most certainly not criminal law. My wife is concerned that over the past 4 years and after having been asked to join the fight against the development of the Plantation Open Space by concerned neighbors, including several attorneys and a former Federal Judge and the then head of the Plantation HOA, that I am often times prone to using words and phrases like—”whereas”, “hereto for”, and “with all due respect”. WE are all getting weary of this fight and it could all be over with so quickly if the involved parties including the “interpleaders”, The HOA Board. And The River Club agent acting on behalf of ownership all agreed to asking for and abiding by Summary Declaratory Judgment. I ask who is afraid of the law and why?
Nor am I a theologian, apologist, or ethicist. I have for a lifetime tried to specialize in COMMON SENSE. When we as individuals and as a community are called on to “do unto others”, or to “love thy neighbor” I can’t for the life of me understand how members of our previously tightly bound community can turn their backs on friends and neighbors who are most impacted by the proposed development by The Brighton Corporation, the buildout of the property defined by The Special Area Permit (SAP)—including 720 single family units on 22.5 acres along State Street.
I have read our Master Declaration Contract too many times. I believe that it defines in unambiguous terms moral, ethical, and legal obligations that neighbors have individually and collectively to each other. I believe the collective obligation is defined as the fiduciary duties that the members of the HOA Board have to individual and group members of The Master Association. We were told by the attorneys representing The River Club property that individuals or a group of individuals do not have standing in our case asking for Declaratory judgement regarding the validity and operational status of The Master Declaration Contract. An Ada County District Judge said THEY WERE WRONG. We were right! WE DO HAVE STANDING. All we are asking is the question
DOES THE MASTER DECLARATION CONTRACT APPLY TO THE GOLF COURSE?—YES OR NO.
Now for the common sense of the matter. If one were an outside observer looking into our neighborhood, what would you think of a person that places a higher priority on a person’s “right” to recreation, play golf, pickle ball, or lounge and have cocktails in the recreational pool at the River Club, versus the property right of a homeowner and the RIGHT OF CONTRACT explicitly defined and uniquely defined in our Master Declaration Contract?
We believe everyone is best served if the rule of law prevails. The rule of fun and games should always take a backseat to the rule of law—property and contract rights and Responsibilities.
