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Home My WebLink About2024-10-04 Matt and Ashley Neukom and Jack and Vickie Bartlettsallen@meridiancity.org David T. Krueck DKrueck@perkinscoie.com D. +1.208.343.3434 F. +1.208.343.3232 July 8, 2024 Via Certified Mail – Return Receipt Requested & U.S. First Class Mail Corey Barton Open Door Rentals LLC 1977 E. Overland Rd. Meridian, Idaho 83642 Re: Open Door Application for Blayden Subdivision Enforcement of Compton Subdivision Number Two Restrictive Covenants Dear Mr. Barton: I write to you as the attorney for Matt Neukom, Ashley Neukom, Jack Bartlett, and Vickie Bartlett (collectively the “Owners”) with regard to the application submitted by Open Door Rentals, LLC (“Open Door”) to the Meridian City Planning and Zoning Commission (“Commission”) for the Blayden Subdivision development (“Open Door Application”). We have reviewed the Open Door Application and various plans and documents submitted to the Commission. This letter serves as formal notice that the Open Door Application violates the terms and conditions of the restrictive covenants of the Compton Subdivision Number Two (“Compton Restrictions”). For the reasons set forth below, the Owners are prepared to enforce the Compton Restrictions to preclude any further actions to subdivide the lots under the Open Door Application. The Compton Restrictions were recorded on December 6, 1973, with the Ada County Recorder’s Office as Instrument No. 908606. I am enclosing a copy of the Compton Restrictions and the recorded plat for the Compton’s Subdivision No. 2 for your review and consideration. The Compton Restrictions contain the following limitations on the subdivision of lots: The said Compton Subdivision Number Two is to be divided into residential areas of five acres or larger and each and any lots larger than one acre may be resubdivided by the owners thereof into Corey Barton July 8, 2024 Page 2 parcels not less than one acre in size by the compliance with the local and state regulations and laws. The Open Door Application seeks to divide the lots owned by Open Door into 26 lots, consisting of 15 building lots, 7 common lots, 1 driveway and parking lot, and 3 other lots for future development. The Open Door Application clearly violates the terms of the Compton Restrictions, which limits the size of each lot to not less than one acre. The Open Door Application further violates other terms in the Compton Restrictions limiting the setback requirements for buildings to be constructed on the subdivided lots. Finally, the Application includes several commercial lots, which are also prohibited. The Compton Restrictions limit all uses to residential. The Owners previously notified Open Door of the limitations contained in the Compton Restrictions and met with Open Door to specifically discuss these limitations. On March 23, 2022, Shawn Brownlee emailed the Owners acknowledging the lot size limitations contained in the Compton Restrictions and Mr. Brownlee confirmed in his email that “any changes to those parcels [in reference to the lots subject to the Compton Restrictions] will be made if/when development of the properties owned by Open Door Rentals occurs, according to the CC&Rs and Codes in effect at the time of development.” Notwithstanding this representation, Open Door has applied to the Commission for approval of the Blayden Subdivision in direct violation of the Compton Restrictions. Please note that the Compton Restrictions may only be amended or terminated by an agreement and instrument signed by owners of at least 75% of the land of the subdivision. No such written instrument has ever been signed or recorded. Importantly, the Owners own more than 25% of the land in the subdivision and are not agreeing to any changes to the terms of the Compton Restrictions. Consequently, Open Door’s attempts to develop the lots subject to the Compton Restrictions in its Application will require a vote and approval of owners of more than 75% of the land and there is no chance of this occurring with the Owners objecting to the proposed use by Open Door. The restrictive covenants contained in the Compton Restrictions expressly run with the land and are enforceable by the Owners. The Idaho Supreme Court has consistently allowed enforcement of these types of covenants, including covenants that restrict the size of lots an owner may attempt to subdivide. See Best Hill Coalition v. Halko, LLC, 144 Idaho 813, 172 P.3d 1088 (2007) and Post v. Murphy, 125 Idaho 473, 873 P.2d 118 (1994). The Owners hereby demand that Open Door immediately withdraw the Open Door Application and discontinue any further efforts to develop the lots in violation of the Compton Restrictions. Please note that paragraph 18 of the Compton Restrictions provides for enforcement of all legal and equitable remedies against any person violating any covenant after Corey Barton July 8, 2024 Page 3 ten (10) days written notice, including injunctive relief and attorney fees and costs for such enforcement action. In the event Open Door further pursues approval of the Open Door Application, the Owners are prepared to enforce the Compton Restrictions to the fullest extent permissible under Idaho law. Your immediate attention is solicited. Sincerely, David T. Krueck DTK:hml cc: Shawn Brownlee, Trilogy Development Owners BRIAN C. PETERSON E-MAIL: BRIAN@ANGSTMAN.COM 199 N. Capitol Blvd. | Ste 200 | Boise, ID 83702 T | 208-384-8588 www.angstman.com F | 208-629-2157 September 14, 2020 Via Email: Matt Neukom 1520 W. Larry Lane Meridian, ID 83646 RE: Assessment of Mike Homan Application for Annexation with Rezone and Preliminary Plat at Meridian Planning & Zoning Project/File: Tara’s Landing – MPP20-0019 / H-2020-0048 Dear Matt: Currently before the Meridian City Planning and Zoning Commission is an application by Mike Homan for the annexation with rezone and preliminary plat of a parcel within the Compton Subdivision Number Two to develop Tara’s Landing into 29 lots (“Homan Application”). You have asked for an opinion about whether the Homan Application would violate the Compton Subdivision Number Two covenants, conditions and restrictions (“Compton CCRs”). In my opinion, the Homan Application does violate a protective covenant in the Compton CCRs restricting lots less than one acre in size. The Homan Application seeks approval to create 29 lots each between 4,000 and 6,500 square feet. The Compton CCRs, a copy of which is attached as Exhibit A, were validly recorded as Ada County Instrument No. 908606 in December 1974. The official plat of Compton Subdivision Number Two, described in the Compton CCRs as the land to which the Compton CCRs apply, was recorded as Ada County Instrument No. 908601 in December 1974, a copy of which is attached as Exhibit B. The Compton CCRs contain the following applicable restrictions and terms: “The said Compton Subdivision Number Two is to be divided into residential areas of five acres or larger each and any lots larger than one acre may be resubdivided by the owners thereof into parcels not less than one acre in size by compliance with the local and state regulations and laws.” (Compton CCRs at p. 1) … “These covenants shall run with the land and shall be binding on all persons owning under them for a period of twenty-five (25) years from the date of recording hereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of the instrument an instrument signed by the owners of 75% of the land of the subdivision has been recorded agreeing to change or terminate said covenants in whole or in part.” (Compton CCRs at p. 4) The Compton CCRs prohibit an owner subdividing his parcel into lots less than one acre in size. The burdens imposed by restrictive covenants run with the land; i.e., they may be enforced against one who purchases real property with notice of the covenants. See Indep. Sch. Dist. v. Harris Family Ltd. P’ship, 150 Idaho 583, 589, 249 P.3d 382 (2011); Shawver v. Huckleberry Estates, LLC, 140 Idaho 354, 365, 93 P.3d 685, 696 (2004). The Homan Application, which seeks annexation and subdivision of Lot 4 of Compton Subdivision Number Two into 29 single-family residential lots, each between 4,000 and 6,500 square feet, violates this one-acre covenant. The Compton CCRs have renewed for successive ten-year periods, and are binding on the current lot owners because owners of 75% of the land have not recorded an instrument amending the one- acre restriction or terminating the Compton CCRs. Very truly yours, Brian C. Peterson Attorney at Law Enclosures