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Home My WebLink About20070419CDI to City of Eagle 1-13.pdf; " Boise Idaho Falls Pocatello Twin FallslEtt Thomas MOFFATT THOMAS BARRETT ROCK & FIELDS, CHTD. Eugene C. Thomas John W. Barrett R. B. Rock Richard C. Fields John S. Simko John C. WardD. James Manning Gary T. Dance Larry C. Humer Randall A. Peterman Mark S. Prusynski Stephen R. Thomas Glenna M. Christensen Gerald T. Husch Scott 1. Campbell Robert B. Burns " ', . Michael E. Thomas Patricia M. Olsson Bradley J Williams Lee Radford Michael O. Roe David S. Jensen James 1. MartinC. Clayton Gill Michael W. McGreaham David P. Gardner Julian E. GabiolaAngela Schaer Kaufmann Kimberly D. Evans Ross Paul D. McFarlane Jon A. Stenquist Tyler J. Henderson 'l.UU It:::'\ S . ('. I iU i u: ,US Bank Plaza Building 101 S Capitol Blvd 10th PO Box 829 Boise Idaho 83701 0829 C. Edward Cather III Jason G. Murray Mark C. Peterson Andrew J. Waldeta Tyler J. Anderson Dylan B. Lawrence Russell G. Metcalf Benjamin C. Ritchie Rebecca A. Rainey k/ ii, )~2;JT:JT\" April 18 , 2007 208 345 2000 800 422 2889 208 385 5384 Fax www.moffattcom Robert E. Bakes of counsel Morgan W. Richards of counsel Willis C. Moffatt 1907-1980 Kirk R. Helvie 1956-2003 Commission Secretary Idaho Public Utilities Commission P. O. Box 83720 Boise, ill 83720-0074 In the Matter of the Application of United Water Idaho Inc. to Amend and Revise Certificate of Convenience and Necessity No. 143 Case No. UWI-O7- MTBR&F File No. 17-047. Re: Dear Commission Secretary: Enclosed for filing with the Idaho Public Utilities Commission are three copies of Capital Development, Inc.s Responses to City of Eagle s First Production Requests. We have also enclosed an additional copy so that you may return a conformed copy with your filing marks imprinted thereon to us in the stamped self-addressed envelope enclosed. Thank you for your assistance in this matter. If you should have any questions, please feel free to call. Very truly yours ~4. (7 Karlyn D. Parker Legal Secretary to Robert Bums Enclosures cc:J. Ramon Yorgason (w/encl.) BOI MT2:647269. , ",:" Robert B. Burns , ISB No. 3744 MOFFATT, THOMAS, BARRETT, ROCK & FIELDS , CHARTERED 101 S. Capitol Blvd., 10th Floor Post Office Box 829 Boise, Idaho 83701 Telephone (208) 345-2000 Facsimile (208) 385-5384 rbb~moffatt.com 17-047. .. o. \ :3 i, U\. \1\\8 t~/,::~,,\C Attorneys for Capital Development, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF UNITED WATER IDAHO INc. TO AMEND AND REVISE CERTIFICATE OF CONVENIENCE AND NECESSITY NO. 143 CASE NO. UWI-O7- CAPIT AL DE VELO PMENT, INC.' S RESPONSES TO CITY OF EAGLE' FIRST PRODUCTION REQUESTS COMES NOW Capital Development, Inc. ("CDI"), by and through undersigned counsel, who has possession of all responsive documents in CDI's possession , custody, or control and who prepared these discovery responses with the assistance of J. Ramon Yorgason President of Capital Development, Inc., who will be able to answer questions about or sponsor the below responses at hearing, and responds to the first production requests of the City of Eagle Eagle ) as follows: REQUEST FOR PRODUCTION NO.: Please provide a copy of the Comprehensive Plan applicable to your proposed Lanewood development. CAPITAL DEVELOPMENT, INc.'S RESPONSES TO CITY OF EAGLE' FIRST PRODUCTION REQUESTS - BOI MT2:646298, RESPONSE NO.: CDI responds that it does not have a copy of the requested document in its possession, custody, or control, but notes that both the City of Eagle s and Ada County s Comprehensive Plans are public records and may be obtained from the respective governmental entities. REQUEST FOR PRODUCTION NO.: Please provide a copy of your complete application to Ada County for rezone and subdivision approval. RESPONSE NO.: CDI will produce all responsive documents for inspection and/or copying at the offices of Moffatt, Thomas, Barrett, Rock & Fields at its address set forth above the caption hereof and at any reasonable time requested, excepting only a parcel map for the property with respect to which CDI failed to retain a copy (but which is on file with Ada County should Eagle wish to inspect and/or copy it). REQUEST FOR PRODUCTION NO.: Please provide a copy of all correspondence, including emails and facsimiles, and any attachments thereto, between you and Ada County regarding the Lanewood development. RESPONSE NO.: CDI will produce all responsive documents for inspection and/or copying at the offices of Moffatt, Thomas, Barrett, Rock & Fields at its address set forth above the caption hereof and at any reasonable time requested. REQUEST FOR PRODUCTION NO.: Please provide a copy of any schedule(s) for public hearing for the Lanewood development. RESPONSE NO.: CDI will produce all responsive documents for inspection and/or copying at the offices of Moffatt, Thomas, Barrett, Rock & Fields at its address set forth above the caption hereof and at any reasonable time requested. CAPITAL DEVELOPMENT, INC.S RESPONSES TO CITY OF EAGLE' FIRST PRODUCTION REQUESTS - 2 BOI MT2:6462982 REQUEST FOR PRODUCTION NO.: Please provide a copy of all correspondence and contracts or other agreements, including emails and facsimiles and any attachments thereto , between you and United Water regarding the Lanewood development. RESPONSE NO.: Excepting only any documents subject to privilege pursuant to Rule 502(b)(3), Idaho Rules of Evidence, CDI will produce all responsive documents for inspection and/or copying at the offices of Moffatt, Thomas, Barrett, Rock & Fields at its address set forth above the caption hereof and at any reasonable time requested. REQUEST FOR PRODUCTION NO.: Please provide a copy of all engineering design drawings for the water distribution system for the Lanewood development. RESPONSE NO.: CDI responds that it has no responsive documents in its possession, custody, or control, as the referenced water distribution system will be designed following approval of the preliminary plat for the Lanewood development and in accordance with all applicable conditions of approval imposed in connection therewith. REQUEST FOR PRODUCTION NO.: Please provide a copy of all water rights appurtenant to the property included within the Lanewood development. RESPONSE NO.: CDI will produce all responsive documents for inspection and/or copying at the offices of Moffatt, Thomas, Barrett, Rock & Fields at its address set forth above the caption hereof and at any reasonable time requested. REQUEST FOR PRODUCTION NO.: Please provide a copy of all engineering designs and drawings for any irrigation facilities for the Lanewood development. RESPONSE NO.: CDI responds that, other than as depicted on the preliminary plat being produced pursuant to Request for Production No., above, CDI has no responsive documents in its possession, custody, or control, as the referenced facilities will be designed CAPIT AL DEVELOPMENT, INc.'S RESPONSES TO CITY OF EAGLE' FIRST PRODUCTION REQUESTS - 3 BOI MT2:646298. following approval of the preliminary plat for the Lanewood development and in accordance with all applicable conditions of approval imposed in connection therewith. REQUEST FOR PRODUCTION NO.: Please provide a copy of any CCR's for the Lanewood development. RESPONSE NO.: CDI responds that, other than any draft CC&Rs produced pursuant to Request for Production No., above, CDI has no responsive documents in its possession, custody, or control. REQUEST FOR PRODUCTION NO.1 0: Please provide a copy of any letter memoranda, email, assessment, or analysis between or among your employees, staff, or consultants regarding annexation ofthe development into the City of Eagle or application to Ada County for rezone and subdivision approvals. RESPONSE NO. 10: CDI objects to the foregoing request on the grounds that it is vague and ambiguous as to the meaning of the term regarding annexation of the development into the City of Eagle or application to Ada County for rezone and subdivision approvals (emphasis added), as all communications among any of the referenced individuals concerning the Lanewood development could to some extent be characterized as "regarding" CDI's pending application being produced pursuant to Request for Production No., above. Notwithstanding the foregoing objection, which is preserved for all purposes, CDI responds that (i) it has identified no documents in its possession, custody, or control that include a discussion or analysis of the benefits, detriments , or other impacts arising out of or related to the annexation by Eagle of the Lanewood development, on the one hand, versus the application filed for the Lanewood development with Ada County, on the other, (ii) CDI has identified no documents in its possession, custody, or control that relate to the annexation of the Lanewood development CAPITAL DEVELOPMENT, INc.'S RESPONSES TO CITY OF EAGLE' FIRST PRODUCTION REQUESTS - 4 BOI MT2:646298.2 into the City of Eagle, and (iii) CDI will produce all documents in its possession, custody, or control that relate to its application to Ada County for rezone and subdivision approvals for inspection and/or copying at the offices of Moffatt, Thomas, Barrett, Rock & Fields, Chartered at its address set forth above the caption hereof and at any reasonable time requested. REQUEST FOR PRODUCTION NO. : Please provide a copy of any proposed or final schedule(s) for development, including any phases, of the Lanewood development. RESPONSE NO. : CDI responds that, other than the preliminary phasing schedule being produced pursuant to Request for Production No., above, CDI has no responsive documents in its possession, custody, or control. REQUEST FOR PRODUCTION NO. 12 : Please provide a copy of any purchase and sale agreement(s) for land for the Lanewood development as referenced in the March 14 2007 Affidavit ofJ. Ramon Yorgason. RESPONSE NO. 12 : CDI will produce all responsive documents for inspection and/or copying at the offices of Moffatt, Thomas, Barrett, Rock & Fields at its address set forth above the caption hereof and at any reasonable time requested. In addition, CDI discloses that although not responsive to the foregoing discovery request, both CDI and the seller of the subject property have recently requested that said agreement be amended in certain respects not affecting CDI's purchase price. REQUEST FOR PRODUCTION NO. 13 : Please provide a copy of all water needs assessments for the Lanewood development. RESPONSE NO. 13 : CDI responds that it has no responsive documents in its possession, custody, or control, as the referenced assessments are prepared by the water purveyor and not by CDI or its engineers and consultants. CAPITAL DEVELOPMENT, INc.'S RESPONSES TO CITY OF EAGLE' FIRST PRODUCTION REQUESTS - 5 BOI MT2:6462982 DATED this 18th day of April , 2007. MOFFA TT, THOMAS, BARRETT, ROCK & FIELDS, CHARTERED CAPITAL DEVELOPMENT, INc.'S RESPONSES TO CITY OF EAGLE' FIRST PRODUCTION REQUESTS - 6 BOI MT2:6462982 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 18th day of April, 2007, I caused true and correct copies of the foregoing CAPITAL DEVELOPMENT, INc.'S RESPONSES TO CITY OF EAGLE'S FIRST PRODUCTION REQUESTS to be served by the method indicated below, and addressed to the following: Gregory P. Wyatt UNITED WATER IDAHO, INC. P. O. Box 190420 Boise, ID 83719 E-mail: greg.wyatt~unitedwater.com (X) u.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile Dean J. Miller McDEVITT & MILLER, LLP 420 West Bannock Street P. O. Box 2564 Boise, ill 83701 E-mail: joe~mcdevitt-miller.com (X) u.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile Scott Woodbury Deputy Attorney General IDAHO PUBLIC UTILITIES COMMISSION 472 West Washington Street P. O. Box 83720 Boise, ID 83720-0074 E-mail: scott.woodbury~puc.idaho.gov (X) u.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile Bruce M. Smith MOORE, SMITH, BUXTON & TURCKE, CHTD. 950 West Bannock Street , Suite 520 Boise, ID 83702 E-mail: bms~msbt1aw.com (X) U.S. Mail, Postage Prepaid (original) ( ) Hand Delivered ( ) Overnight Mail (X) Facsimile (copy) J. Ramon Yorgason, President Capital Development, Inc. 6200 N. Meeker Place Boise, ill 83713 E-mail: capdev~cableone.net (X) u.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile Commission Secretary Idaho Public Utilities Commission P. O. Box 83720 Boise, ill 83720-0074 (X) U.S. Mail, Postage Prepaid (3 copies) ( ) Hand Delivered ( ) Overnight Mail obert B. B rns CAPITAL DEVELOPMENT, INc.'S RESPONSES TO CITY OF EAGLE' FIRST PRODUCTION REQUESTS - 7 BOI MT2:646298,