HomeMy WebLinkAbout2025-10-10 Kimberly Laukala BLACK CREED
L E G A L
October 10,2025
City of Meridian
Planning and Zoning Commission
33 East Broadway Ave., STE 102
Meridian,Idaho 83642
Delivered by Daniel and Kimberly Laukala
Re: Cherry Blossom East Subdivision (H-2025-0030)
Planning and Zoning Commission:
My firm has been retained by Daniel and Kimberly Laukala (my"Clients') regarding the ongoing
matter and applications related to the Cherry Blossom East Subdivision ("Cherry Blossom East').
This matter was addressed before the Meridian Planning and Zoning Commission (the
"Commission')at a Public Hearing held on August 21,2025 (the"Hearing). This letter expands on
the concerns expressed at the Hearing in relation to Jayo Land Development Company,Inc.'s("Jayo')
proposed real estate development project (the"Development') as proposed by the applicant Gregg
Davis of Breckon Land Design, Inc.("Breckon)regarding Cherry Blossom East.
I have reviewed the Covenants, Conditions, and Restrictions for the Cherry Blossom Place
Subdivision(the"CC&R's). Upon review of the CC&R's, including without limitation Section 5.4,
Article 6 in its entirety, Section 8.1 and both Amendments to the CC&R's,it is clear that Jayo is still
the Declarant(until it says otherwise or has conveyed 100%of the Lots in the Cherry Blossom Place
Subdivision) and that Jayo has the unfettered authority to annex other properties into the Cherry
Blossom Place Subdivision. With the pending application for the Development, my Clients are
concerned that Jayo will use its authority under the existing CC&R's to annex the Cherry Blossom
East properties into Cherry Blossom Place Subdivision if the Commission approves the
Development.
My Clients'concern is driven by the fact that the documents submitted for the Development,as well
as staff reports from the Commission, refer to Cherry Blossom East being a part of Cherry Blossom
Place Subdivision. This is contrary to the email Breckon sent to Sonya Allen stating unequivocally
that Cherry Blossom East will not be a part of Cherry Blossom Place Subdivision. This must be
addressed now to avoid confusion later.As noted above,Jayo is able to annex properties into Cherry
Blossom Place Subdivision as Jayo is currently the Declarant, Board and ultimate decision maker
right now in Cherry Blossom Place Subdivision. This presents an obvious conflict of interest.
It should also be emphasized that my Clients would not be opposed to approval of the Development
so long as the following terms are imposed upon Jayo as conditions of such approval:
(208) 904-4444 blackcreeklegal.com 0 mike@blackcreeklegal.com
Michael McClure 9 Jaxen Eggleston 9 Merritt Decker
1. Jayo may not,at any point,annex any of the Cherry Blossom East properties into the Cherry
Blossom Place Subdivision.Jayo must provide a notarized statement that it will not do so;
2. Cherry Blossom East must operate its own irrigation pump separately from the existing
irrigation pump for Cherry Blossom Place Subdivision; and
3. Jayo must relinquish its authority as Declarant of the Cherry Blossom Place Subdivision in
writing and resign from the Board to permit the Subdivision to be fully operated by the
homeowners.
Should you have any questions, please do not hesitate to contact me. I appreciate your assistance
regarding this matter.
Sincerely,
Michael C.McClure
Attorney at Law
MCM:dsl
Cc: Client via email
t; (208) 904-4444 blackcreeklegal.com in mike a@blackcreeklegal.com
Michael McClure • Jaxen Eggleston • Merritt Decker