HomeMy WebLinkAbout2021-03-11 Pickens LawPickens Law, P.A.
Terri Pickens Manweiler
Attorney at Law
tern pickenslawboise.com
www.pickenslawboise.com
March 11, 2021
SENT VIA U.S. MAIL
Meridian City Council
33. E. Broadway Ave.
Suite 300
Meridian, Idaho 83642
Re: Ambles Run Subdivision
City File No.: H-2020-0124
Our File No.: 964-1
Dear Members of the City Council:
RECEIVE
MAR 11 2021
CITY OF MERIDIAN
MAYOR'S OFFICE
398 S. 9'h Street, Ste. 240
P.O. Box 915
Boise, Idaho 83701
208.954.5090 (t)
208.954.5099 (fl
This office has been retained by the Architectural Control Committee ("ACC") of the
Dunwoody Subdivision Homeowners' Association to protect its rights with relation to the
proposed Ambles Run Subdivision. The purpose of this letter is to formally object to any
approval for Ambles Run Subdivision that would purport to allow Lot 26 in Dunwoody
Subdivision to be further subdivided into six (6) additional lots.
First and foremost, the Dunwoody Subdivision CC&Rs prohibit the splitting of Lot 26
into any lot less than one (1) acre. The provision states:
Lot 26 ... of Block 1 may be subdivided, provided that all of the following
conditions are satisfied: (i) such subdividing is in accordance with applicable
ordinances and is approved by the governmental entity having jurisdiction
thereof; and (ii) each of the resulting lots contain a minimum of one (1) acre.
CC&Rs, Section 5.13. Presently, Lot 26 is only 2.88 acres, which means that the maximum
number of sub -lots that could be created is two (2). The ACC of Dunwoody Subdivision will
not approve, nor does it have the ability to approve, any subdivision resulting in more than
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the two (2) lots set forth in the CC&Rs. Additionally, the ACC is prepared to enforce the
CC&Rs to the full extent of the law, meaning a lawsuit in the District Court of the Fourth
Judicial District would be pursued if approvals were granted in favor of any subdivision
beyond the two (2) lots.
Moreover, the Dunwoody HOA recently took up the issue of de -annexing Lot 26 from
the Dunwoody Subdivision. The homeowners overwhelmingly voted against any de -
annexation. When each member of the Dunwoody Subdivision purchased their property,
they did so with the understanding that the adjacent lots in their neighborhood would reflect
the same nature, size, and appeal as their own. The CC&Rs were recorded against all of the
properties, Lot 26 included. The City of Meridian, either this Council, or the Planning and
Zoning Commission, do not have authority to overrule the CC&Rs nor do they have the
ability to release any encumbrances on Lot 26, or any lot in Dunwoody Subdivision for that
matter. Receipt comments from a member of the Planning and Zoning Commission staff that
once the property is annexed into the City of Meridian, the CC&Rs are invalid are quite
frankly disconcerting.
To the extent that this Council merely seeks to allow annexation of Lot 26 into the City
of Meridian, please do be advised that this will have no bearing or impact on the
enforceability of the CC&Rs which specifically and expressly prohibit a six (6) lot
subdivision on the 2.88 acres. If approved for annexation, the Dunwoody ACC will take all
steps necessary to protect and enforce the CC&Rs. Any action to subvert the ACC and all of
the Homeowners' rights will be met with legal action.
If you have any questions concerning the foregoing, please do not hesitate to contact me.
Sincerely,
Terri Pickens Manweiler
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