20180914PAC to Staff Summons Complaint Attach 9.pdf

A lb. ;_:_t CT Corporation Service of Process
Transmittal
06/21/2018
CT Log Number 533560415
TO: Carol McCracken
PacifiCorp
1407 West North Temple, Room 320
Salt Lake City, UT 84116
RE: Process Served in Idaho
FOR: PacifiCorp (Domestic State: OR)
ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS:
ACTION ITEMS:
CITY OF IDAHO FALLS, ETC., PLTF. vs. PACIFICORP, ETC., DFT.
SUMMONS, VERIFIED COMPLAINT, ATTACHMENT(S)
Bonneville County, Seventh Judicial District, ID
Case # CV20183272
Amount $221.00
C T Corporation System, Boise, ID
By Process Server on 06/21/2018 at 15:02
Idaho
WITHIN 20 DAYS
RANDALL D. FIFE
CITY OF IDAHO FALLS, IDAHO
375 D. STREET
Idaho Falls, ID 83401
208-612-8178
CT has retained the current log, Retain Date: 06/22/2018, Expected Purge Date:
06/27/2018
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Email Notification, Paul Leighton [e-mail]
Email Notification, Jeff Richards [e-mail]
Email Notification, Anne Kohls [e-mail]
Email Notification, Emily Wegener [e-mail]
Email Notification, Carol Sabol [e-mail]
Email Notification, Carol McCracken [e-mail]
Email Notification, Deb Borchert [e-mail]
Email Notification, Frank Grey [e-mail]
Page 1 of 2 / NM
Information displayed on this transmittal is for CT
Corporation's record keeping purposes only and is provided to
the recipient for quick reference. This information does not
constitute a legal opinion as to the nature of action, the
amount of damages, the answer date, or any information
contained in the documents themselves. Recipient is
responsible for interpreting said documents and for taking
appropriate action. Signatures on certified mail receipts
confirm receipt of package only, not contents.
TITLE OF ACTION:
DOCUMENT(S) SERVED:
COURT/AGENCY:
NATURE OF ACTION:
ON WHOM PROCESS WAS SERVED:
DATE AND HOUR OF SERVICE:
JURISDICTION SERVED:
APPEARANCE OR ANSWER DUE:
ATTORNEY(S) / SENDER(S):
A lb. ;_:_t CT Corporation Service of Process
Transmittal
06/21/2018
CT Log Number 533560415
TO: Carol McCracken
PacifiCorp
1407 West North Temple, Room 320
Salt Lake City, UT 84116
RE: Process Served in Idaho
FOR: PacifiCorp (Domestic State: OR)
Email Notification, Christian Marble [e-mail]
Email Notification, John Sample [e-mail]
Email Notification, Ryan Flynn [e-mail]
Email Notification, Tim Clark [e-mail]
SIGNED: C T Corporation System
ADDRESS: 921 S. Orchard Street
Suite G
Boise, ID 83705
TELEPHONE: [phone]
Page 2 of 2 / NM
Information displayed on this transmittal is for CT
Corporation's record keeping purposes only and is provided to
the recipient for quick reference. This information does not
constitute a legal opinion as to the nature of action, the
amount of damages, the answer date, or any information
contained in the documents themselves. Recipient is
responsible for interpreting said documents and for taking
appropriate action. Signatures on certified mail receipts
confirm receipt of package only, not contents.
ASSIGNED TO
• 14;;,,:::4. ,PEL E. TINGEY
Randall D. Fife/ISB #4010
Michael A. Kirkham/ISB #8939
CITY OF IDAHO FALLS
375 D. Street
Idaho Falls, ID 83401
Telephone: [phone]
Facsimile: [phone]
Attorney for City of Idaho Falls, Idaho
211gJU 3 PH 4: 214
IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNEVILLE
CITY OF IDAHO FALLS, an Idaho
municipal corporation, Case No. CV-2018- 2_
Plaintiff,
VS.
SUMMONS

PAC1FICORP, an Oregon Corporation,
Operating in Idaho as Rocky Mountain
Power

0, CO Cita Aft420110nmiligi5
Defendant. )
NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFF. THE COURT
MAY ENTER JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE UNLESS YOU
RESPOND WITHIN TWENTY (20) DAYS.
READ THE INFORMATION BELOW.
TO: PacifiCorp, operating in Idaho as Rocky Mountain Power,
You are hereby notified that in order to defend this lawsuit, an appropriate written response
(Answer or appropriate Rule 12 I.R.C.P. Motion) must be filed with the above designated court
with the Court Clerk at 605 N. Capital Avenue, Idaho Falls, Idaho 83402, [phone] within
24) days after service of this Summons on you.
SUMMONS PAGE 1
If you do not respond or fail to appear and defend this lawsuit, the Court will award default
judgment against you for the relief detailed in the complaint.
This lawsuit seeks an order from the court to issue an injunction against you—specifically an
order that you are required to remove power lines from South Holmes Avenue—, damages, and
attorney's fees. Please review the Complaint, served with this Summons, for a particularized
description of the issue.
- A copy of the Complaint is served with this Summons. If you wish to seek the advice of or
representation by an attorney in this matter, you -should do so promptly so that your written
response, if any, may be filed in time and other legal rights protected.
The written response must comply with Idaho Civil Procedure Rule 2 and other Idaho Rules
of Civil Procedure and include: your name, mailing address and telephone number; or your
attorney's name, mailing address and telephone number; and the title and number of this case.
To determine whether you must pay a filing fee with your response, contact the Clerk of the
District Court.
If you are considering talking to an attorney, you should do so quickly to protect your legal
rights.
DATED this f-3 day of June, 2018.
- CLERK OF THE DISTRICT COURT
By:
0114/14443
Typed/printed name Deputy Cler
SUMMONS PAGE 2
Randall D. Fife/ISB #4010
Michael A. Kirkham/ISB 48939
CITY OF IDAHO FALLS, IDAHO
375 D. Street
Idaho Falls, ID 83401
Telephone: [phone]
Facsimile: [phone]
a!: COUgTy,43ACASE ASSIGNED TO
NNEVILLE I-ION. JOEL E. TINGEY
•
2618JUN 13 PM Li: 24
Attorneys for City of Idaho Falls, Idaho
IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT OF THE
STATE Of IDAHO, IN AND FOR THE COUNTY OF BONNEVILLE
CITY OF IDAHO FALLS, an Idaho )
municipal corporation, ) Case No. CV-2018-
)
Plaintiff, ) VERIFIED COMPLAINT
)
vs. ) Fee: $221.00
)
PACIFICORP, an Oregon Corporation, )
Operating in Idaho as Rocky Mountain )
Power )
)
Defendant. )
COMES NOW Plaintiff; the City of Idaho Falls, Idaho, a municipal corporation of the State
of Idaho (the "City of Idaho Falls" or "City"), by and through its counsel of record and as and for a
claim against Defendant, complains and alleges as follows:
PARTIES, JURISDICTION, AND VENUE
1. Plaintiff, is an Idaho municipal corporation of the state of Idaho, duly and legally
organized and created pursuant to, and by virtue of; the laws of the state of Idaho.
2. Defendant, Pacificom, an Oregon corporation, is an electrical corporation and public
utility doing business as Rocky Mountain Power in the state of Idaho and is subject to the jurisdiction
of the state of Idaho.
3. The property under construction is within City limits, and the City therefore has
COMPLAINT - PAGE 1 OF 5
jurisdiction and control of the right-of-way that is the subject of this dispute.
4. Plaintiff, by this action, seeks an order that Defendant vacate all power lines and
associated wires, poles, brackets, attachments, guy wires, etc. owned or operated or maintained by
Defendant from the construction zone described herein.
5. The above-entitled court has jurisdiction and venue over this action.
COUNT I
TRESPASS
6. In September 2017, Alan Cunningham and Chris Canfield, City employees, met with Bill
Brabec, of Rocky Mountain Power, to discuss the project line relocation as a result of the roadway
widening project described infra.
7. It was communicated to the City in that meeting, that Rocky Mountain would need three
(3) months' notice to effectively design, schedule, and complete the line relocation.
8. On February 20, 2018, Chris Canfield sent notice indicating that the Plaintiff planned to
schedule the roadway widening work on Holmes that would require the Defendant's power line
relocation by May 2018.
9. May 20, 2018, was the three (3) month mark for notice requested by the Defendant, and
yet the lines remain fully energized with electricity and in use by the Defendant.
10. The Defendant was sent a written Notice and Order to Vacate the Construction Zone,
signed by the City of Idaho Falls Mayor, on or about May 23, 2018, describing that further delay
caused by the power lines and other facilities, currently being operated and maintained by Rocky
Mountain Power within the construction zone described, shall be considered by the City to be a
trespass under Idaho Code.
11. By failing to comply with the Plaintiff's Notice and Order to Vacate the Construction
Zone, the Defendant is trespassing on City property.
COMPLAINT - PAGE 2 OF 5
12. Defendant's failure to vacate the construction. zone has caused the delay of the
Defendant's other scheduling commitments with regard to this roadway widening project, causing
damages in the amount sworn to in Chris Canfield's affidavit (attached).
13. The construction zone is legally described as:
COMMENCING at a the Northwest corner of said Section 6 and running THENCE
along the West line of said Section 6 s00 0 16'48"W 40.00 feet to the TRUE POINT
OF BEGINNING said point being at the Northeast corner of a quitclaim deed to
The City of Idaho Falls filed with the Office of the Recorder for Bonneville County
as instrument number 1224632; THENCE continuing along the West line of said
Section 6 SOO 0 16'48"W 2609.52 feet to the East Quarter Corner of said Section
6; THENCE running along the South line of the said Northeast Quarter, (NE IL),
of Section 6 N89 0 14'1 1 "W 50.00 feet to a to a point on the Westerly right-of-
way line of said Holmes Avenue; THENCE along the said Westerly right-of-way
line NOD 0 16'48"E 2609.61 feet to a point on the North line of said quitclaim deed;
THENCE along said North line of the quitclaim deed 589 0 08'28'E 50.00 feet to
the TRUE POINT OF BEGINNING.
14. Idaho Code § 6-202 reads, in pertinent part:
"Any person who, without permission of the owner, or the owner's agent,
willfully and intentionally enters upon the real property of another. . . on the
commons or public grounds of or in any city or town, or on the street or
highway in front thereof, without lawful authority, is liable to the owner of
such land, or to such city or town, for treble the amount of damages which
may be assessed therefore or fifty dollars ($ 50.00), plus a reasonable
attorney's fee which shall be taxed as costs, in any civil action brought to
enforce the terms of this act if the plaintiff prevails."
15. Defendant has refused to de-energize the power lines and remove all of the supporting
facilities from of the City's right-of-way.
16. To date, Plaintiff's governing board, the Idaho Falls City Council, has not released
Defendant from its obligation nor directed any of its agents to release Defendant from its obligation.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff, the City of Idaho Falls, Idaho, prays for judgment against the Defendant(s)
as follows:
A. Granting a preliminary injunction ordering the Defendant to vacate the described right-
COMPLAINT - PAGE 3 OF 5
CITY OF IDAH
Rand D. Fife
Attorney for Plaintiff
of-way.
B. Declaring that Defendant is in trespass of the right-of-way described above, and order that
all power lines and facilities operated and maintained by the Defendant be vacated from the
construction zone described above;
C. Awarding Plaintiff treble damages resulting from the Defendant's trespass, in an amount
sworn to in the attached affidavits of the Plaintiff and third party developer;
D. Awarding attorney's fees and costs to Plaintiff; and
E. For all other and further relief, in law and equity, to which Plaintiff may be entitled.
DATED this l 3 liklay of June, 2018.
COMPLAINT - PAGE 4 OF 5
VERIFICATION
STATE OF IDAHO
: ss.
County of Bonneville
Chris Fredericksen, being first duly sworn, deposes and says:
That he is the Public Works Director of the City of Idaho Falls, Idaho, Plaintiff herein, that he
has read the foregoing document, knows the contents thereof, and believes the same to be true and
correct to the best of his information, knowledge and belief.
SUBSCRIBED AND SWORN to before me this 19411 day of June, 2018.
Kock ekvaC
Notary Public for Idaho
Residing at VAINLVitt-e_, CV10:16- WAD
Commission expires: OU [Maar]
COMPLAINT - PAGE 5 OF 5