HomeMy WebLinkAbout78Mar03
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MAR 6~ 197
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ALHADEFF & LEAVITT
THOMAS E. LEAVITT ATTORNEYS AT LAW
ALAN C. ALHADEFF 3201 SEATTLE-FIRST NATIONAL BANK BUILDING TELEPHONE
TOM RYAN SCHMIDT (206) 682-9192
SEATTLE, WASHINGTON 98154
March 3, 1978
Mr. Donald Storey
Mayor
City of Meridian
Meridian, ID 83642
Dear Mayor Storey:
This office represents Leavitt/NuPacific Company, real
estate developers.
I have recently read the minutes of the Meridian City
Council special meeting of January 30, 1978. Those minutes raise
two problems which I have been requested to address.
The first relates to representations made by W. Dennis
heaps of the Nampa-Meridian Irrigation District, as reflected by
the minutes, that either I or the local attorney for the company
had indicated that your city-was to maintain the irrigation
ditches running across the Cherry Lane Golf Course property. I
would like to assure both you and the members of the City Council
that I have never made any such representation and have further
been assured by local counsel, Bill Roden, that he too has made
no such statement.
The fact of the matter is that we are currently involved
in litigation surrounding that specific issue and any such remark
on either of our part would be directly contrary to the position
we have taken in court. It is our contention that the Irrigation
District has the obligation to maintain the ditch as it always
has and that it is the developer's obligation to insure that the
District's efforts are not impeded. The court did not rule
otherwise.-
We of course have indicated to the District that the
golf course will be owned by the City of Meridian, but have
absolutely never committed the City for any maintenance obli-
gations.
This leads to the second problem. The minutes reflect
a lengthy and serious discussion by the council of the Cherry
.t
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Mr. Donald Storey
Page Two
March 3, 1978
Lane project. There were no representations of Nupacific in
attendance and I further understand that no notice of such
special meeting was given to the company. The Leavitt/Nupacific
Company owns a substantial amount of land within the City of
Meridian. Consequently, action taken by the Council affecting
any of the real property within the Meridian area is of interest
to them. Naturally if discussions center directly on one of its
developments, such as the one held on the evening of January 30th.
the company would like to .have a representative in attendance.
There is no doubt in my mind that had my client been informed of
the meeting, and attended, the resulting confusion and misrepre-
sentations would not have occurred.
I'm sure you are aware Mr. Mayor that Leavitt/Nupacific
has a great respect for the workings of your-City and has made
consistent efforts toward cooperative relationships. The agree-
ment for the transfer of the Cherry Lane Village Golf Course is
evidence of that. It is in light of the excellent working
relationship the parties have experienced in the past that I
request that notice of any future meeting of the Council which
will involve direct discussion of property or activities of
Leavitt/Nupacific be provided to the company far enough in advance
to allow a representative to attend.
Your cooperation is appreciated.
TEL/mm
Sincerely yours,