HomeMy WebLinkAboutAttorney Letter Gem EstatesLAW OFFICE
KENNEDY, THOMAS, SASSER S�
ATTORNEYS AT LAW
1414 WEST FRANKLIN STREET
P. 0. BOX 2561
Bolss, IDAHO 83701
FRED KENNEDY
BRUCE L. THOMAS
M. MICHAEL SASSER
,ROBERT a. HAMLIN
Mr. David Reeves
1701 Canna Drive
Meridian, Idaho 83642
January 7, 1980
Re: Gem Estates Subdivision
Dear Mr. Reeves:
Y
HAM LI N
JAN �I 1980_
TELEPHONE �UEI.3�4.32CO
I have enclosed a copy of the letter received from
Jack Dowdle, the President of Gem Estates, Inc. It is ap-
parent from the tenor of Mr. Dowdle's letter that the corpora-
tion is not prepared to accept any responsibility for any
damages sustained by you as a result of the manner in which
the subdivision was developed. It is also apparent that Mr.
Dowdle is not familiar with the fact that Title 50, Chapter 13
of the Idaho Code, which provides for the filing of plats when
a tract of laila ss divided into five or more parcels, does not
require that the developer sell the parcels as "lots". A vio-
lation of the Idaho statutes occurs when the tract of land is
divided and sold as five or more "parcels". This is precisely
what occurred in the instant case.
After you have had an opportunity to review the en-
closure, please call me in order that we can discuss the manner
in which you wish to proceed. I suggest that, we obtain an
opinion concerning the damages sustained by you as a result of
the wrongful development of the subdivision and then submit a
demand letter to Gem Estates, Inc. and Howard Dunbar.
very truly yours,
m. Michael Sasser
MMS/ko
Enc.
M �_ P, Tl .n
DEC 31 1979
IHL)ywiN ' !x J,j iSLR
Gem Estates, Inc.
P.O. Box 386
Meridian, Idaho
83642
December 28, 1979
Mr. M. Michael Sasser
1414 West Franklin Street
P.Q. Box 2561
Boise, Idaho 83701
RE: Gem Estates Subdivision
Dear Mr. Sasser:
We have received your letter of December 17, 1979,
regarding alleged damages to Mr. David Reeves.
Compliance and approval of Plans and Specifications for
this subdivision were accepted by the Meridian Planning and
Zoning Board, the Meridian City Council and the Ada Countv
Highway District. Building permits were issued by the Citv
of Meridian and the apartments were allowed to hook on to
the Municipal water and sewer systems. Also, the streets
have been accepted by the Ada County Highway District for
permanent maintenance.
All of the property in the subdivision was sold as parcels
I
on a metes and bounds descri.pt.ion and not on a lot hLIS-iti, with
the agr�: e��ent th�:t we would fil.c a plat when required.
The parcel on which NIr. Reeves resides was included in
the original zoning for four -plea apartments. We did not sell
the property to. Mr. Reeves and do not know what was disclosed
at the time of h:is purchase but have no reason to doubt that
information regarding zoning was withheld.
We have developed the project according to the specifica-
Lions of the vari-ous agencies involved and believe thratwe are
legal in every respect and. have not damaged anyone.
JWD:'klt
Y s truly
m Estates, lnc.
Jack W. Dowdle
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