20220421Answer to Formal Complaint.pdf

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MARK R. FULLER (IsB No. 2698)
DANIEL R. BECK (ISB No. 7237)
PAUL L. EULLER (ISB No. 8435)
FULLER & BECK
410 tr{elronrAr DRrvE, Surts 20L
P.O. Box 50935
Ioeno FAu,s, ID 83405-0935
Ter,,npsonn: [phone]
Euarr, : FULLERANoSncxGcMATL. coM
DONALD SORRELLS,
Complaj-nant,
v.
Case t{o.GNR-U-22-03
TNSIIER TO FORI'TL COMPIAIIIT
. ) r.:-i. .", I1r. i-rliilLl l']ti if' l5
-f
Euatr, : PAULFULLUn . law G euer L . coM
ArroRnnv EoR RESPoNDENT
BEFORE THE IDNIO PT'BI.TC UITII,TTIES COD,O(ISSION
SUNNYSIDE PARK UTILITIES,
INC. ,
Respondent.
COMES NOW the Respondent, by its counsel of record, Paul L.
Ful1er, in response to the Summons issued by the Idaho Public
Utilities Commission and the Eorma1 Complaint filed by the
Complainant, and hereby responds as follows:
1. Respondent, Sunnyside Park Utilities, Inc., (hereinafter
rrSPU") is an Idaho corporation, organized and existing under the
laws of the State of Idaho with its princi-ple place of business in
the County of Bonneville, State of ldaho, with the principle
purpose of providing non-profit water and sewer service to select
lots in Sunnyside Industrial and Professional Park, pursuant to
ANSWER TO FORMAL COMPLAINT - 1
Rules and Regulations adopted by SPU.
2. Complainant, Donald Sorre11s, together with Meri
Sorrells (hereinafter "Sorrells"), purchased Lot 4, Block 4,
Sunnyside Industrial & Professional Park, located in Bonneville
County, Idaho (hereinafter "the Subject Property"), on or about
August 6, 20LA from Paul and Stefanie Crockettr ds shown by the
Vilarranty Deed recorded as Bonneville County Instrument No.
15884 r-5 .
3. On March 10, 2020, Sorrells transferred the Subject
Property to The Donald Dail Sorrells and Meri Sorrell-s Living
Trust, dated March 2, 2006 and restated in December L9, 2019, as
shown by
Instrument
transfer,
No. l-635301 (hereinafter "The Trust"). Based upon this
the Subject Property as
Sorrel-Is did not informalleged in the Formal Complaint, para. 1
SPU of this ownership change.
4. Sorrells' Formal Complaint fails to establish, or even
a11ege, that Donald Sorrells is the duly appointed trustee
authorized to act on behalf of The Trust, or that The Trust has
authorized the Formal Complaint fi1ed herein.
5. The Trust has not applied for or been accepted by SPU as
a customer, and SPU only recently became aware that the Subject
Property is no longer owned by Sorrel'l s through SPU's own
investigations. SorreIls never notified SPU of the transfer of
Trust Transfer Deed recorded as Bonneville County
Sorrells is not the owner of
ANSWER TO FORMAL COMPLAINT - 2
ownership. As such, neither Sorrells, nor The Trust, qualifies as
a customer under fDAPA 31,.2L.01.005.02 and both lack standing to
file a complaint against SPU.
6. The failure of Sorrell-s to identify the true status of
the ownership of the Subject Property constitutes grounds for
termination under IDAPA 31,.2L.01.302.01 (d) as a material
misrepresentation of the true status of ownership of the Subject
Property.
7.
Industrial
AdditionalIy, the Subject Property is located in an
and Manufacturing Zone.
03, the failure of The Trust to apply for service
with SPU upon its acquisition constitutes
i,URISDICrION
grounds for termination.
8. SPU currently provides water and sewer service to
nineteen (19) commercial and industrial customers, a1l located in
the Sunnyside Industrial and Professional Park, adjacent to ldaho
Fa1ls. There is only one vacant lot in the subdivision which could
potentially connect to SPU's system in the future.
9. SPU was organized by Kirk Woolf on March 28, 2002, as a
general fdaho corporation, with one share owned by Kirk Woolf, one
share owned by Doyle Beck, and twenty (20l. shares owned by
Sunnyside Industrial and Professional Park, LLC.
10. SPU is organized as a general corporation, however it is
operated at cost and no distributions have ever been made to the
Pursuant to IDAPA
31.2L.0L.602
ANSWER TO FORMAL COMPLAINT 3
owners and no wages have been paid to the owners.
years, SPU has spoken with various individuals
aII informed SPU that SPU was not within thewith the IPUC, who
jurisdictional- purview of the IPUC based upon its limited size.
Such communication was as recent as a few weeks ago and occurred
with both SPU and Sorrells' counsel. Based upon these repeated
communications, SPU di-d not believe that the IPUC was exercising
jurisdiction over this matter, and proceeded accordinqly,
including not applying for a Certificate of Convenience and PubIic
11. Over the
Necessity.
this fact
SorrelIs'
12-
Individuals with the IPUC notified Sorrells' counsel of
as we11, as established by correspondence received from
counsef.
On April L6, 2002, SPU entered into a Third Party
Beneficiary Utility Agreement with Sunnyside Park Owners
Association, Inc. (hereafter "Owners Association"), which is duly
recorded as Bonneville County Instrument No. 127291,1 (hereafter
"Third Party Agreement"). A copy of the Third Party Agreement is
submitted as Exhibit \A'. Under the Third Party Agreement, SPU is
required to submit notice of any rate change to the Owners
Assocj-ation and to a1l- users of SPU's system. The users are then
allowed ninety (90) days to provi-de written objection to the rate
change. If after ninety (90) days, not more than half of the
owners have provided written objection to the rate change, SPU may
implement the rate change. If more than half of the owners object
ANSWER TO PORMAL COMPLAINT 4
to the rate change, and no resol-ution can be reached, the issue of
the rate change is submitted to a board of arbitrators, comprised
of one member selected by SPU, one member selected by those
obj ecting
the first
to the rate change, and a third arbitrator sel-ected by
written recommendations regarding reasonableness
then provide
of rates. If
obj ections
proceedings
still continue, dDy party may proceed with legaI
to determi-ne a reasonable rate. No rate change will be
allowed without compliance with these provisi-ons.
13. No rate change has been made since the Sorrells'
purchase of the Subject Property.
HISTORY OF VIOI.AEIONS E}ID BASIS FOR IIERMINATION
1,4. On Augusl 23, 2018, while the Subject Property was owned
by Sorrells individually, SPU issued a *Vili11 Serve" Ietter to
SorrelIs, based on representations that SorrelIs would install
only two (2) restrooms on the Subject Property, with no other
water or sewer needs. See copy of Will Serve letter attached as
Exhibit rB' .
15. SPU never entered into any agreement to provide servj-ces
to The Trust, and was only recently made aware that Sorrell-s had
transferred the Subject Property.
16. The Trust has never applied for service from SPU.
1,7 . During October-November , 201,8, SorrelIs obtained
commerc j-a1 building permits from Bonnevil-le County for the
two arbitrators. The arbitrators sha11
ANSWER TO FORMAL COMPLAINT 5
construction of several buildings
one of which was identified as
on the Subject Property, only
requiring a sewer permlt. See
Building Permits 1-5, attached hereto as Exhibit 'C'.
18. Notwithstanding the fact that Sorrells was authorized to
install only two bathrooms on the Subject Property under the
with SPU, Sorrel-lsCounty Building Permit and his
installed additional connections,
aqreement
including but not limited to, a
washer/dryer connection, an RV septic/water connection, and ten
(101 frost-free hydrants on multiple buildings on the Subject
Property. Such actions constitute grounds for termination under
IDAPA 31,.2L.01.303.03 for obtaining, diverting and/or using SPU's
services without authorization or knowledge of SPU.
1-9. Sorrells, who is believed to reside primarily in
California, would park an RV inside one of the units located on
the Subject Property and reside in that unit for extended periods.
Use of a commercial/industrial property (I&M-1 Zone) for
residential purposes is a violation of Bonneville County Zoning
Ordinance, Chapter 26, Section 1,-2602(L).
20. Sorrell-s' installation of the additional water/septic
connections was not authorized by SPU and was not permitted by
Bonneville County Zoning and Building Department.
21". Eollowing Sorrell's connection to SPU's system, SPU has
noted repeated instances where excessive discharge was being sent
into SPU's septic system from the Subject Property. SPU notified
ANSWER TO FORMAL COMPLAINT - 6
Sorrells of these repeated issues, and was routJ-nely assured that
the excessive discharge would be addressed. Such willfu1 wasting
of water constitutes grounds for termination under IDAPA
3t .21,. 01 . 302 . 01 (f ) .
22. On or about August 21, 20L9, SPU sent a notice of
violation to Sorrells regarding the additional connections, along
with identifying a defective toilet which was discharging
continuous excess water flow into SPU's septic system. SPU
iequested remediation or services would be terminated. See copy
attached as Exhibit rD'.
23. On or about September 5, 20L9, a second notice was sent
to Sorrells regarding a constant flow of excess discharge coming
from the Subject Property, again requesting remediation. See copy
attached as Exhibit 'E'.
24. On or about February L2, 202L, SPU sent a third notice
of violation of Rules and Regulations, through counsel, requesting
that the frost free hydrants be removed and that a cement plug be
placed in the RV septic system dump sewer line. See copy attached
as Exhibit 'F'.
25. Based on a belief that the Sorrells was acting in good-
faith in negotiating a compromise, and without knowledge of The
Trust's ownership of the Subject Property, SPU did not immediately
seek to terminate services to the Subject Property.
26. It has been represented by Sorrells that the RV septic
ANSWER TO FORMAL COMPLAINT - 7
system dtunp sewer line has been plugged, but SPU has not been
allowed to verify this fact directly or been given a reason to
believe the representations.
27. On April
letter stating that
remedied. "
28. On April
5, 2021,, counsel for Sorrells submitted a
"the toilet drainage/leaking issue has been
16,202Lt counsel
Iegal requirements which Sorrells
including the following: (1) failure
certification report by a licensed
stating that the water and sewer
for SPU identified numerous
had failed to comply with,
to provide an inspection and
fdaho Professional Engineer
lines were up to county
standards; l2l failure to provide "as bui1t" drawings for the
water and sewer lines for all buildings; (3) failure to identify
changes to site plans submitted to the Bonneville County Public
V[orks Department; (4) failure to provide Sunnyside Park Utilities
with the architectural plans for Buildings 2-5; (5) failure to
provide evldence of installation of an appropriate backflow
prevention device; and (6) failure to allow Sunnyside Park
Utilities to inspect the water and sewer service lines prior to
covering. A copy of such notice is attached as Exhibit \G'.
29. On or about .Tune 17, 202L, a water meter was installed
at SPU's cost in the public right-of-way to monitor water
consumption on the Subject Property. Such water meter remains the
property of SPU. A copy of a "Paid in full-" invoice for the water
ANSWER TO FORMAL COMPLAINT - 8
meter is attached hereto as Exhibit L.
30. Ialhile taking a meter reading on October 25, 202L, SPU's
representative was contacted by Nikita Byington, a tenant of
Subject Property, and was told that he was not allowed to access
the water meter on the Subject Property. It is understood that Ms.
Byington monitors the Subject Property when Sorrells is not
present. The tenant's statement, as agent of Sorrells, that SPU
was prohibited from accessing the water meter constitutes grounds
for termination under IDAPA 31-.21-.01.302.01 (e) .
31. On October 25, 2021, at approximately 9:30 p.fr., SPU
discovered that Sorrells' toilet was again continuously running.
SPU shut off water to the Subject Property at the water meter to
prevent the continuous excess fl-ow from overloading the septic
system.
32 . On October 26, 202'J,, counsel for SPU informed counsel
for Sorrells of the repeated excessive discharge issue and stated
that "water will be turned back on when proof is provided that a
new toilet has been installed and a monitoring plan acceptable to
Sunnyside Park Utilities is submitted by Mr. Sorrell-s on how he
will manage his sewage discharge in the future, pursuant to
ISunnyside Park's Rules and Regu]-atj-onsl Article 2, Section 7."
33. During the evening of October 26,202L, SPU again
noticed excessive discharge into j-ts septic system and found that
Sorrel1s, or his agent, had turned on the water without SPU's
ANSWER TO FORMAL COMPLAINT - 9
authorization. SPU again turned off the
on the water meter to prevent Sorrells
water and installed a lock
from
until Sorrells verified that the excessive
restarting the water
discharge had been
permanently remedied and would no longer risk overloading SPU's
septic system.
34. On October 27, 2021, Sorrells sent a text message to
SPU, stating in part: "...this is a formal notice that if you or any
one representing you enters my property for any reason again you
will be removed by force if necessary. The water meter is fu11y
owned and paid for by n€r and is on my property. Do not TOUCH
AGAIN! ! The toilets have been repaired and there is no water fl-ow.
BACK OFE! ! !"
35. Sorrells notice and threats prohibiting SPU from
accessing the water meter constitutes grounds for termination
under IDAPA 3L.2L.0L.302.01 (e) . Sorrel-ls has not provided any
notice that his threats have been rescinded.
35. On October 2'7, 2021, Finish Line Plumbing, Inc.,
toilet.
Sorrells notified
invoiced Sorrells $471.90 to repair the leaking
37. On October 2'7, 202L, counsel for
counsef for SPU that the
requested that water service
38. Upon receipt of
toilet had again been repaired and
resume immediately.
this
meter to resume service and
request, SPU went to the water
found that SPU's lock had been
removed, the water had again been turned on without authorization,
ANSWER TO FORMAL COMPLAINT - 10
and a new Lock had been placed by Sorrel-Is to prevent SPU from
being able to turn off the water at SPU's water meter.
39. Sorrells' placing of a lock on SPU's water meter
constitutes grounds for termination under fDAPA
31.21,.01.302.01 (e) . The lock has not been removed.
40. On October 29, 202L, counsel for SPU provided a notice
to Sorrells' counsel that water service would be termi-nated based
upon Sorrells' interference with SPU's access to the water meter
by means of the unauthorized lock and threats to forcibly remove
any representative of SPU who attempted to access the meter as
allowed under Idaho Pub1ic Utilities Commission regulations set
forth in IDAPA 3L.21".01. 502.01 and IDAPA 31.2L.01.302.01 (e) . See
l-etter dated October 29, 2021, attached as Exhibit \H'.
4L. On November t, 202L, counsel for Sorrells stated that
the lock would be removed "on condition that ISPU] folIow the
and regulations in the
and SorrelIs has not
of SPU representatives
rules for notice provided in his own rules
future." The lock has never been removed
rescinded his threats
servicing SPU's meter,
42. Since the
of forcible removal
October 27, 2021 toil-et repair, SPU has
conducted regular readj-ngs of the water meter and regular
inspections of the sewer discharge from the Subject Property.
43. Between the evening of October 29, 202L and the morning
of November 9, 202L, a tota.l- of L2rL68 gallons were consumed by
ANSWER TO FORMAL COMPLAINT - 11
the Subject Property, which averages out to nearly 50 gallons per
hour, for a property which was only authorized to have two
restrooms.
44. On November 2, 2021, SPU notified Sorrells' contractor
regarding the excessive consumption of water, and was informed
that a frost-free hydrant was leaking and was in the process of
being repaired. Sorrells' contractor was unaware of the extent of
the 1eak, as only a minor leak is noticeable from the hydrant
itsel-f .
45. Sorrells' contractor turned off the water line to the
hydrants and informed Sorrells of the leak.
46. Sorrells informed the contractor that Sorrells would
continue to use the water service and al-low his tenants and/or
agent(s) to turn on/off the water to the hydrants as needed, prior
to any repal-r of the
water constitutes
31,. 21, . 01-.302. 01 ( f ) .
leak. Sorrells' continued willful wasting of
grounds for termination under IDAPA
Based upon water meter readings, it appears the water
were shut off during
the leak
the evenings between November 2-3
but otherwise has continued unabated. A copy of
47.
hydrants
and 3-4,
the meter
48.
meter readings show
readings is attached as
More recently, between
Exhibit rT'.
March 25 and April 'l , 2022, the
average water consumption in excess of 11 000
explanation has been provided regarding thisgallons per day. No
ANSWER TO FORMAL COMPLAINT - 12
excessive use, leading SPU to believe that the water is being
wasted through leakage.
49. By allowing leaking hydrants to continue to operate,
Sorrell-s' is wiI1fuI1y wasting water provided by SPU and
continuing to interfere with SPU services. Wi11ful1y wasting or
interfering with service of a utility provider is a violation of
IDAPA 3L.2L.A1.302.01 (f) and/or IDAPA 31,.2L.01.602.01-. SPU does
not believe that the l-eak is being discharged into SPU's septic
system, but is IikeIy seeping into the ground and may lead to
future problems on Sorrells' and adjacent parcels.
50. Pursuant to SPU's Rules and Regulations for Sewer
Service ("Ru1es and Regulations"), Article II, Section 2, "Any
person or party found to be discharging unauthorized wastes shal1
be subject to penalties and fees as described in Article IV.'
51. Pursuant to Rules and Regulations, Article IV, Section
3, SPU "reserves the right to refuse to provide service to
persistent violators of these rules and regulations."
52. Pursuant to Rules and Regulations, Article II, Section
4 (b), SPU prohibits the discharge of sewage in excess of the
quantity and rate of flow which was intended to be discharged from
the Subject Property.
53. Pursuant to Rules and Regulations, Article II, Section
4 (e), SPU prohibits the discharge of unusual or excessive volume
or continuous flow or concentration of wastes.
ANSWER TO FORMAL COMPLAINT - 13
54. Pursuant to Rules and Regulations, Article fI, Section
5, SPU reserves the right to reject current and future sanitary
in violation of Article II or which poses asewage for
deleterious
continuous
field.
any person
effect upon the sewer system. High volumes of
flows have a deleterious effect upon any septic drain
55. Pursuant to the Third Party
the right toCompany tSPUI
each of the
meter to be
sha1l have
at reasonable times
individual buildings, and
maintained by the Company
supplied to the consumer shall pass
for
and
access
readings
56.
Agreement, Section 4, "The
install- on the premises of
other improvements a water
through which all water
to which [SPU] shall have
the purpose of taking meter
and keeping said meters
On November 11, 2021,,
in repair."
pursuant to ldaho Code Section 10-
the SeventhL20L et. s€9., SPU sought Declaratory
Judicial District, Bonneville County, to
Judgrment in
declare the rights of SPU
to refuse to provide service to Sorre11s,a persistent and
continuing vj-olator of the Rules and Regulations of SPU and
applicable IDAPA provlsions, and to authorize the termination of
water and/or sewer services to the Subject Property.
57. During the hearing held on Sorrells' Motion to Dismiss,
counsel for Sorrel-l-s stated that the appropriate course of action
was for SPU to terminate services and to have the dispute
addressed by the IPUC.
ANSWER TO FORMAL COMPLAINT - 14
58. On March 2, 2022, the Court entered a Memorandum
Decis j-on on Respondent's Motion to Dj-smiss, directing the
to address water service related issues with the IPUC. A
parties
copy of
this Memorandum Decision is attached as Exhibit 'J', as requested
by the IPUC.
59. On March
Intent to Terminate
3, 2022, SPU provided Sorrells with a Notice of
Services pursuant to IDAPA 31,.2L.01.304.01. A
was submitted to the IPUC, pursuant to IDAPAcopy of the
31,.2L.01. 505,
Curtis Stein
Notice
call of its agent,
the IPUC like1y does
not have jurisdiction over this matter. The IPUC has not entered a
stay of termination or entered a finding that public interest
requires service to be maintained as allowed under IDAPA
31,.21.01.605, however terminatj-on has not occurred pending
resolution of this matter.
50. On March 8, 2022, counsel for Sorrells submitted a
letter to SPU's counsel stating that they also were contacted by
the IPUC and "it has been made known to us that IPUC J-nterprets
the aforementioned rules and regulations as not applicable to SPU,
and that IPUC deems SPU a 'nonregulated entity'." A copy of such
letter is attached hereto as Exhibit 'K'.
61. On March 8, 2022, pursuant to IDAPA 31.21,.01,.31,2.02, a
Notice of Termination was posted on the Subject Property 48 hours
prior to time of anticipated termination on March l-0, 2022.
which responded by telephone
on March 8, 2022, saying that
ANSWER TO FORMAL COMPLAINT - 15
62. As required by IDAPA 3t.2L.01.304.02, Counsel for SPU
diligently attempted to contact Mr. Sorrells' counsel on March 9,
2022, twenty-four (24)hours prior to anticipated termination, and
Paul RippelT providing final Notice ofspoke with
Termi-nation.
attorney
Idaho Rules of Professional Conduct and Court rules
prevented counsel from contacting Sorrells directly.
63. On March 9, 2022, prior to termination, SPU received
notice that a Eormal Complaint had been filed by Sorrel-Is, and
pursuant to IDAPA 3l .21,. 01 . 700 . 0l- (b) (ii ) termination has not
occurred.
RESPONSE TO FORIIAL COMPIAIIItr
64. Unless expressly admitted herein, SPU denies each and
every allegation contained in Complaj.nant Forma1 Complaint.
65. In response to Paragraph 1, SPU denies based upon the
fact that the Subject Property was transferred to The Trust and is
not owned by Complainant.
66. In response to Paragraph 2, SPU admits.
67. In response to Paragraph 3-5, SPU denies these
allegations based upon repeatedly being informed by the IPUC that
SPU is not a regulated entity.
68. In response to Paragraphs 5 and lI, no response is
required.
69. In response to Paragraphs 7-10, SPU responds by stating
that the letter speaks for itself.
ANSWER TO FORMAL COMPLAINT - 16
70. In response to Paragraphs L2-23, SPU denies each
allegation.
PRAY:ER
WHEREEORE, SPU prays for relief as follows:
1. Denying Sorrells Formal Complaint and dismissing this
proceeding for the reason that Sorrells does not own the
Subject Property and has no standing to pursue this action.
2. Declaring that Sorrells is a persistent and continuing
violator of the Rules and Regulations applicable to the
Subject Property.
3. Declari-ng that Sorrells is in violation of IPUC Rules by
reason of (1) material misrepresentations, (2) failure of The
Trust to apply for SPU's services, (3) obtaining, diverting
or using SPU's services without SPU's knowledge or
authorization, (4) interference with SPU's access to SPU's
water meter, (5) failure to comply with pertinent 1egal
requirements during construction of buildings on the Subject
Property, and/or (6) by wil1fu1ly wasting of water provided
by SPU.
4. Declaring that SPU is authorj-zed to termj-nate water services
to Lot 4, Block 4, Sunnyside Industrial and Professj-onal
Park.
5. Granting SPU such further relief as the IPUC deems just and
proper.
ANSWER TO FORMAL COMPLAINT - 17
DATED this 20th day of April , 2022.
/ s / Paul- L. Ful-ler
Paul L. Fuller
Attorney for Sunnyside Park Utilities, Inc.
ANSWER TO FORMAL COMPLA]NT - 18
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I serued a true and conect copy of the following
described pleading or document on the persons lisEd belouv on this 20th day of April,
2022:
Document Served: ANSWER TO FORMAL COMPI-AINT
Persons Served:
PaulB. Rippd
Austin O. Alhn
HOPKINS RODEN CROCKETT
H/qNSEN & HOOPES, PLLC
428 ParkAve.
ldaho Falh, lD 83402
[e-mail]
[e-mail]
Vn Email
/s/ PaulL. Fuller
PaulL. Fulbr
FULLER & BECK LAW OFFICES, PLLC
ANSWER TO TORMAL COMPLAINT . 19
EXHIBITS
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
A
B
c
D
E
F
L,
HI
J
K
L
Third Party Beneficiary Agreement
Will-Serve Letter
Building Permits 1-5'
August 21, 2019 Notice
September 5, 201-9 Notice
February L2, 2027 NoticeApril 16, 2021 Notice
October 29, 2021 Notiee
Water Meter Readings
Memorandum Decislon
March 8, 2022 tetter
Water Meter Invoice
Exhibi
Exhibi
Exhibi
Exhibi
Exhibi
Exhibi
Exhibi
ttttttt
ANSWER TO FORMAL COMPI,AINT - 20
EXHIBIT A
"*)
THIRD PARTY BENEFICIARY UTILITY AGREEMENT
THIS AGREEMENT, made this tL day of bul .z002, by and benryeen
Suuryside Park Utilities, Inc., an Idaho corporation called "Company") and
Sunnyside Park Owners Association, Inc., an ldaho corporation (hereinafter called
"Represottative").
WITNESSETH:
WHEREAS, the Company is now the owner of property in Bonneville County, State of Idaho
described in Schedule A, attached hereto, upon which there is located the Company's water
supply system and/or sewage system or upon which there is being constructed by the
Company and will be located a water supply system and/or sewage system; and
WHEREAS, the Company warrants that all the property described in Schedule A, as well as
all water supply system and/or sewage systems hereafter acquired by the Company shall be
made subject to the Agreement by recordation of appropriate covenants, reservations,
restrictions, or conditions in such manner as is required by Idaho law to put all persons on
notice that such propenies have been subjected to the terms of this Agreement; and
WHEREAS, the Company hereby warrants that existing and future encumbranceg liens or
other indebt€dness, if ily, to the title of water supply systems and/or sewage systenxs now
owned or hereafter acquired by the Company shall be subordinated and made subject to this
Agreement; and
WHEREAS, the Company intends to construct, operate, and maintain said water supply
systems andlor sewage systems for the purpose of supplying water and/or sewage collection
and disposal service to buildings, and other improvernents located in areas and zubdivisions
adjacent to or in the vicinities of said water supply systems and/or sewage systerns (it being
understood that the company does not now and does not contemplate the fumishing of
garbage collection and garbage hauling seroices) and for that purpose will construct, lay, and
mainuin water storage and distribution facilities, water and sewage mains, lateral lines,
manholes, pumping stations, and all other facilities and appurtenances necessary to maintain
an adequate water supply for consumption by the occupants of zuch buildings, and other
improvements in said areas and subdivisions and also necessary for the purpose of supplying
sewage collection and disposal service to such buildings, and other improvements; and
WHEREAS, it is contemplated that the buildings, and other improvements to be served by the
said water supply systern and/or sewage systems of the Cornpany will be located on properties
in said areas of subdivisions which will be security for mortgages given to various lenders,
including the Representative; and
WHEREAS, one of the inducing factors to the $anting of mortgage loans on properties,
buildings. and other improvements in the areas to be served by the water supply systems
and/or sewage systems of the Company by the Representative and other lenders and the
insuring thereof is that there will be continuous operation and maintenance of the water
supply systems and/or sewage systems according to the approved standards set forth in this
-l-
Agreement, and that rate ch,arges by the Company for its services will be reasonable, and the
Company is desiious of assuring thu its rates will be reasonable, and also assuring the
continuance of the operation and mainterumce of said water supply systems and"/or sewage
systems. for the benefit of the present and future owners of properties, buildings, and other
improvements, and mortgagees holding mortgages covering such buildings and other
improvements, including the Representative.
NOW, THEREFORE, for and in consideration of the reliance upon this Agreement by
the Representative and by present and futue owners of buildingso residences, and other
improvements to be served by the water supply systems and/or sewage systems of the
Company, and by mortgagees (who will make and hold mortgage loans on such buildings,
and other improvements) the Company and the Representative do hereby covenant and agree
as follows:
SECTION I:
(a) This Agreement is made not only with the Representative in its individual capaciry but
also as the representative of and for the benefit of the present and future owners of or
occupants of all and each of the properties, buildings, and other improvements which are now
or may hereafter be served by the water supply systenrs and/or sewage systems of the
Company as well as the holders of any mortgage or mortgages covering any such buildings,
and other properties and improvements.
(b) Any persoq firm, or association represented by the rcpresentative herein, through the
representative herein and/or any appropriate governmental agency or corporation (l) served
by the water supply systems and/or sewage systems of the Company, and/or (2) holding any
mortgage on any property connected to the said systems or either of them, is hereby granted
the right and privilege and hereby authorized in its or their own name and on its or their ovun
behalf to institute and prosecute at law or in equity in any court having jurisdiction of the
subject matter, to interpret and enforce this Agreement or any of its terms and provisions,
including, but not limited to, suits for specific performance, rnandamus, receivership and
injunction.
SECTION 2:
(a) The Company does covenant and agree that the Company shall supply at all
times and under adequate pressue for the use of each of the properties duly connected to its
water supply system a sufficient quantity of wuer to meet the reasonable needs of each of the
properties duly connected to said water supply systems. Such water shall be the quality and
purity as shall meet the 1974 Safe Drinking Water Act of the U.S. Environmental hotection
Agency (EPA), so ils to produce water without excessive hardness, corrosive properties, or
other objectionable characteristics making it unsafe or unsuitable for domestic and ground use
or harmful to any or all pipes within and/or without the buildings, and other improvements.
Records of any and all tests conducted in connection with said water supply systems shall be
kept as pernanent reconds by the Company and said records shall be open to inspection by the
State Board of Health of the State of Idaho and a duly delegated agent of the representative.
The said Board of Heal& and/or its agents shall at all times have access to the water supply
system ofthe Company to conduct any and all tests as said Board shall determine necessary to
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ascertain compliance with the said Standards and characteristics. In any event, the Company
shall have said Board make such analyses as shall be deemed reasonably necessary and
required by the Board of Health and the Company shall pay all costs and expenses in
connection therewith. In the event said Board shall determine that the purity of the water does
not meet the aforesaid Shndards, the Company shall immediately at its sole cost and expense
make any adjustnent, repair, installation, or improvement to its facilities that shall be
necessary or required or recomrnended by said Board to bring the purity of the water up to the
said Standards.
(b) The Company shall provide at all tirnes for each of the buildings, and other
improvements constructed in the areas and subdivisions served by the sewage systems of the
Company sewage service adequate for safe and sanitary collection and disposal of all sewage
from said buildings, and other improvemants, in accordance with the 1972 Federal Water
Pollution Control Act Amendments of the U.S. Environmental Protection Agency (EPA).
The Company further shall operate and maintain the sewage systems, including the
disbursement field, in a manner so as not to pollute the ground, air, or water in, under, or
around said areas or subdivisions with improperly or inadequately treated sewage. The
Cornpany will operate the sewage system to reduce noxious or offensive gases or odors to a
minimum, but cannot completely eliminate the possibility of the system emitting odors
because of conversions and wind changes. The Company further agrces to operate the
systems in accordance with regulations and recommendations of the State Board of Health
and to produce an effluent of a quality satisfactory to the State Board of Health and any and
all otlrer public authorities having jurisdiction over such matters. Records of any and all tests
conducted in connection with the systems shall be kept as permanent records by the Company
and said records shall be open to inspection by the State Board of Health of the State of Idaho
and a duly delegated agent of the representative. The said Board of Health and its agents shall
at all times have access to the systems of the Company to conduct any and all tests as said
Board shall detennine necessary to ascertain compliance with the said regulations and
recommendations. In the event said Boarrd shall determine that the operations of the systems
do not meet the said regulations or recommendations, the Company shall immediately, at its
sole cost and expense, make any adjustment, repair, installation or improvement to its
faciiities that shall be necessary or required or recommended by said Board to bring the
operation of the systems up to the said regulaions and recommendations. It is understood and
agreed that the Company does not and does not contemplate furnishing garbage collection or
garbage removal services.
SECTION 3.
The Company agrces to maintain said water supply systems and/or said sewage
systems at all times in good order and repair so that satisfactory water and sewage collection
and disposal service as provided in the foregoing paragraphs may be supplied to each of said
buildings, and other improvements in said areas or subdivisions in the quantity and in the
quality provided in the foregoing paragraph. The water supply systems and/or the sewage
systems shall be open for inspection at all times by the agents of .the Idaho State Board of
Health.
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SECTION 4.
(a) The Company reserves and has the right to establish and collect as a charge or
charges for water fumished and consumed by the owners or occupants of each of the
buildings, and other improvements at the rates as prcscribed and permitted herein. The
Company shall have the right to install on the premises of each of the individual buildings,
and other improvements a water meter to be maintained by the Company through which all
water supplied to the consurner shall pass and to w$ch the Company shall have access ar
reasonable times for the purpose of taking meter readings and keeping said meters in repair.
The Company may charge the cost to the customer of any material used, equipment rented or
the equivalent rate for the Company's equipment used and labor expenses incured in making
any connection or in making any repair which is the responsibility of an owner.
(b) The Company reserves and has the right to establish and collect as a charge or
charges for sewer service provided to the owners or occupants of each of the buildings, and
other improvements served by the Company, the initial rates as shown in Schedule '(8"
attached hereto and made a part hereof.
SECTION 5:
In the event the Company should fail to operate and maintain the water supply systems
and/or the sewage systems in the manner and under the conditions specified herein (failure
due to Acts of God, nafure disasters or other causes beyond the contol of the Company,
including labor troubles or strikes, excepted) or in the event the Company collects or att€mpts
to collect from the consumers of water or from uses of the sewage systems charges in excess
of the rate or rates specified or provided for in this Agreement, then in either of such
contingencies, if such default shall continue for a period of tbirty (30) days (or for a period of
two (2) days in the event such default consists of a shutdown of the water or sewage teatment
plant or suspension of water or sewag€ servic€s, except for the cases above set forth) after
written notice to the company by any consumer, or by a duly authorized agent of the
representative, mortgagee, or by any person for whose benefit this contract is made, then and
in such event those pemons so entitled may anforce this Agreemant by action instituted for
such purpose in any court of competent jurisdiction and in such action shall be entitled as a
matter of right to an immediate hearing before a Court of competent jurisdiction for the
determination of whether the appoinment of a receiver is appropriate and for the
determination of whether such receiver or other oflicer appointed by the Court is entitled to
take immediate possession of the water supply systems and/or sewage systems of the
Company for the purpose of operating and maintaining the same with full right to hold, use,
operate, manage and control the same for the benefit of the parties for whom this agleement is
nnade with full right to collect the charges for services at rates not in o(cess of those specified
or provided for in this agreement.
SECTTON 6.
The Company may establish. amend or revise from time to time and enforce Rules and
Regulations for Water Service and Rules and Regulations for Sewer Service or Rules and
Regulations covering both water and sewer service and covering the fumishing of water
supply service and sewer service within said areas of suMivisions, provided, however, all
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such rules and regulations established by the Company from time to time shall at all times be
reasonable and subject to such regulations as may now or hereafter be provided by law; and
provided further that no such rule or regulation so established, amended or revised can be
inconsistent with the requirements of this Agreement nor shall the same abrogate any
provision hereof. Any such rules and regulations established, amended, revised and enforced
by the Company from time to time shall be binding upon any owner or occupant of any of the
property located within the boundaries of such .ueas or subdivisions, the owner or occupant of
any building, or other improvement constructed or located upon such properry and the user or
consumer of any water supply service and sewer service.
SECTION 7.
Changes in the initial rates described in Section 4 hereof may be proposed by the
Company and by third party beneficiaries of this Agreement in the following manner:
All rates proposed by the Company and by third party beneficiaries for the water
supply system and the sewage collection system shall be submitted by notice to the
representative and to all parties connected to the sewage collection system, and if within
ninety (90) days after such notice of a rate change proposed by the Company not more than
one-half of such parties have signified in wriling their opposition to such proposes rate
change, the Company may forthwith establish its new rates. If more than one-half of such
parties signiS. in writing, their opposition to a rate change proposed by the Company, or if
more than one-half of such parties proposed in writing a rate change which the Company
opposes, and the parties cannot negotiate an agreement within ninety (90) days to the
reasonableness of the new rates, then the matter of the reasonableness of such new rates shall
be referred to a board of arbiters selected as follows: the Company shall designate one
arbiter. the objecting parties shall designate one arbiter, and the two arbiters thus selected
shall choose a third arbiter. The three arbiters shall make their written r€conrmendations to
the parties to the dispute as to the reasonableness of the new rates within ninety (90) days
after the reference of the dispute by the arbiters shall be given to the Company and to all
objecting parties. All proceedings before the arbircrs shall be recorded in urritten objections
to the recommendations within thirty (30) days after the decision. If no written objections are
made, it shall be considered that all parties have agreed that the new rares recommended by
the arbiters are reasonable. [f wrinen objections are filed by either side, the question of the
reasonableness of the new rates shall be the subject of review by a court of competent
jurisdiction in appnrpriate legal proceedings initiated for such purpose. In the event of
arbitration or court proceedings, the proposed change of rates shall be in abeyance and shall
not hcome effective until the conclusion of such proceedings.
SECTION 8.
Nonrrithstanding any provision of this Agreemen! no third party beneficiary shall
have or claim to have any righq title, lien, encurnbrance, interest or claim of any kind or
character whatsoever in and to the Company's water supply system and/or sewage systems, or
properties and facilities, and the Company may mortgage, pledge or otherwise encumber, or
sell or orherwise dispose of, any or all of such water supply systems and/or sewage systems,
properties and facilities without the consent of such third parties. The wo.rds "properties and
facilities" as used in this Section shall not only include physical properties and facilities but
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all real, personal and other properly of every kind and character owned by the Company and
used, rseful, or held for use in connection with its water supply systerns and/or sewage
systerns, including revenues and income from the users of water and sewage services, cash in
bank and otherwise; provided, however, that this Agreement as set fo*h herein shall be
binding upon all successors and assigns of the Company.
SECTION 9.
All notice provided for herein shall be in writing or by telegram, and if to Company
shall be mailed or delivered to Company at3655 Professional Way, Idaho Falls, Idaho 83401,
and if to parties for whose benefit this contact is made shall be mailed or delivered to the
president or secretary of the representative at their last known addresses as furnished by the
representative to the company.
SECTION IO.
(a) The covenants, reservations, restrictions or conditions herein set forth are and
shall be deemed to be covenants, reservations, restictions, or conditions imposed and running
with the land and properties of the Company as listed on Schedule A attached hereto and
Iimiting the use thereof for the purposes and in the manner set forth herein and sball be
binding upon and shall inure to the benefit of the Company, its successors and assigns, and
shall likewise be binding upon and shall iaure to the benefit of all parties who, in aoy rrumner
whatsoever, shall acquire title to the Company's water supply systems and/or sewage systems,
and properties and facilities as defined in Section 8 hereof. To this end the Company shall
make all water supply systems and/or sewage systcms now owned or hereafter acquired
subject to this Ageement by recordation or appropriate covenants, reservationg restrictions,
or conditions in such manner as is required by law to put all persons on notice that such water
supply systems and/or sewage systems have been subjected to the terms ofthis Agreement are
deemed to be covenants, reservations, restrictions, or conditions irnposed upon and nmning
with the land listed on Schedule A attached hereto.
(b) This Agreement shall also be binding upon and shall inure to the benefit of the
Representative, its successors and assigns, and as set forth in Section t hereof, all present and
future owners or occupants of all and each of the properties, buildings, and other
improvements which are now or may hereafter be served by the water supply systems and/or
sewage systems of the Company on the property listed on Schedule A attached hereto, as well
as the holders of any mortgage or mortgages covering any such properties, buildings, and
other improvements, as well as the successors and assigns of all such present and future
owners and occupants and holders ofmortgages.
SECTION 1I.
This Agreement shall be govemed by the laws of the State of ldaho.
SECTTON 12.
This Agreement shall remain in full force and effect and for the benefit of all parties
mentioned herein until either (a) the water supply systems and sewage systems described
-6-
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herein are taken over by governmental authority for maintenance and operation; or (b) other
adeguate water supply and sewage collection and disposal senrice is provided by a
governmental authority through means other than the water supply systems and sewage
systems owned by the Company; or (c) the rates, services and operation of the Company are
placed by tary under the jurMiction of a regulatory commission or other governmental agency
or body empowercd to fix rates and to which a consumer of the Company may seek relief.
Upon the happening of any of the aforesaid events, this Agreement shall automatically
terminate; and, at the request of the Company, the Company and lhe Representative shall
execute an inshrrment canceling this Agreement.
IN WITNESS WHEREOF, the Company and the Representative have caused this
Agreement to be duly executed in several counterparts, each of which counterpart shall be
considered an original executed copy ofthis Agreement.
SUNNYSIDE PARK UTILITIES,
INC.
SLINNYSIDE PARK OWNER'S
ASSOCI,ATION, INC.
By
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CORPORATE ACKNOWLEDGMENT
STATE OF IDAI{O
Coumy of Bonneville
On this JLauy of April, 2D2,before me, the undersigned notary public, in and for the
State of ldaho, personally appeared, Kirk Woolf, known to me to be the President of the
corporation that executed the within instnrment or the person who executed the foregoing
instrument on behalf of said corporation, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affxed my official seal, the
day and year first above written.
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CORPORATE ACKI\IOWLEDGMENT
STATE OF IDAHO
County of Bomneville
On this lh-cmr1 of April" 2002, before me, the undersigned notary public, in and for the
State of ldaho, personally appearcd, Kirk Woolf, knov,'n to me to be the President of the
corporation that executed the within instrument or the person who executed the foregoing
instrument on bebalf if *ia corporation, and acknowledged to me that sr.rch corporation
executed the same.
IN WTTNESS WHEREOF I have hereunto s€t my hand and atrxed my official seal, the
day and year first above witten.
Notary public for tdaho
Residing at kiaho Falls
My commission expires: O6-0?-oJ
-lkrLru"hNotary public for ldaho
Residing at ldaho Falls
My commission o<pires: 06-0?-0J
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SCIIEDT'LE A
Tract I
Septic Tank and Drain Fields
Beginning at a point that is S 89 degrees 42'56" E 856.82 feet along the
section line fr,om the West One Quarter Corner of Section 36, Township 2
North, Range 37 East of the Boise Meridian and running thence S 0
degrees 00'54" E 45.91 feet; thence S 88 degrees 57'40" W 86.36 feet;
thence S 14 degrees 50'59" W 219.63 feet; thence S 62 degrees 53'33" E
160.32 feet; thence S 89 degrees 42'56" E 100.00 fta; thence N 0 degrees
00'54" W 332.82 feet; thenc€ N 89 degrees 42'56* W 100.m feet to the
Point of Beginning, containing 1.44 acres.
Tract II
Wel[ Location
Beginning at the Northwest corner of Lot 5, Block 2, Sunnyside Industrial
and Professional Park, Division No. l, Bouneville County, Section 36,
T2N, R. 37 EBM and running thence along the west boundary of Lot 5, a
distance of 60 feg thence S 89 degrees 54'00" W 60 feeq thence N 0
degrees 04'08* W to the North bor:ndary of Lot 5, thence N 89 degrees
54'00" E along the North boundary of Lot 5 to the Point of Beginning.
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SCI{EDI.]LE B
Wato d Sewer S€rvice ad Comcction Chargcs
Monthly Ctarge
Business Sewer Service
Busitrcss Watgr Servicc
Each SewerConnection
&ch Walcr Connpstion
Basic Connection Chrsep
$17.s0
$12.50
$500.m
$500.00
Company shall alm chrye the cost to thc Company of ay material used,
equipne,nt rcoted or equMeot r4e for Company's equipment usod, aod
labor orpense incun€d in qtnking any oonnectioa or in m*ing any repair
which is thercsponsibility of ay onner. The Conpany reservGs thc right
to a$HB additional cornGcti@ charges for scrvices in execss of basic
brrines sener and urattr scrvices.
tj
EXHIBlT B
Sunn ide Industrial And Professional
Park" LLC.
Augus 23,2018
Donald Sonells
3341 N Empcrcr
Frcsno, CA 93737
RE: Water and Scwer Services
To Wlpm tt May Concem
Sunnyside Indusrial and Professional Park, LLC - Sunnyside Park Utilities Inc. will provide sewer
and water servhe upon rcceipt of fiunds for Block 4, lol 4, SUNNYSIDE INDUSTRIAL &
PROFESSIO}IAI PARK NWI/4, SEC 36, T 2N, R 37. Pml Numben RPO7990t004fl!lO.
Hookup fees are; Waler $800.00, Sewer $1000.00.
Sunnyside Pa* Utilities Inc. has receivd chcskRfif A. *m/*lmy'l ttt* ,f'.rwf , aatea
Pleasc notc the landowner must provide a water meter (at the owner's expense) for any water usage
determined to be above 12000 gallorrs per month.
Thank You,
Craig
Sunnyside and Pmfcssional Park, LLC
#for $1,800.00 frorn
20t8.
P O Box 1768 Lldaho Falls, ID 83403-1768 tlPhone [phone]
EXHIBIT C
COMMERCIAL PERMIT TION
BONNEWLLE ZONNG & BUILDNG DEPARTMENT 605 N. Capttal Ave. Idaho Falls, ID 8i402 (20s) 524-?ez0 Far r (20t) t2e-nlo
TWO PAPER COPIES OF ALL PLANS ARE REOUIRED FOR PENUITS
(And One Electronic Copy)
Plans to cornply with 2009 lBC, lFC, IECC,IMC, [FGC,
Minimum 15 business days may be reguircd for plan review
Do ru AL b <o R Iq ELt (
Owner and Tenrnt:Telephone No.
Ilome:
Sssrness.'
Fcrr.'
Email:
Arehltect / Englneer:
-tETo AJ sT f-u cT\ L* L
Telephonc No.
Home: eOt-- ngl -
Brsiness.'Fax: 3 4.> O
Email:
Generrl Coutrrctor:
il?u 4*s4o a/ZLI L4q rtoTltz/tt
State Llcenre:Telephone No.
ffi ebb --tot-
ffi,,, bn37
constructionAddress: P.o. la1\. Bu+cK.FocT lu 'ttzz1
subdlvtrtongu^,^ry< iD E B'us iNEf/Lot: 4 Block ,z)
Ter Prrcel No:E AP fwETl,nez
use: A o wn^ e p.c- I A L
Square Footrge: Sl, O Mdn Floor:Other Floors:
4 <-- tv\ fVr ! KC t f-r U s'"yto F S
Deecrlpdon of ProJect:
Bid Price;'4e b0 0 uo@enoda:Septic Permil#:tr /h
Fire Sprinklr Syfiem:
|it;nr *"qHeal System: I
Toutsr.l 5
Signature of Owner/Contractor or Authorized Agent:w 6.'h
Scc pagc 2, Item I
B UtLD tN 4 J+Rsvisd 03ru6201E
Page I of2
COMMERCIAL PERMIT APPLICA Sunnlemental SheetTION
CHECK-OFF UST FOR PLAN REWEW
- All Plans must be drawn to Scale and Scale Noted on the Plans -
Requ.irements for submittine plans to obtain a Permlt for a Commerclal Buildins:
l. Site Plan Detailing thc following and Stamped by registered design professional
Proper Zone, Occupancy classification, Type of construction
Footprint of the structure / s
Acreage ofproperty
Property lines and dimcnsions
Setbacb of structurc / s
location of fire hydrants and fire lanes
Parkiag, loading and unloading areas, sidewalks, driraways and easements
Locationand detail ofproposed work within rightof-ways
Detail for site grading and on-site rctention of run-offwater
Location and width of curb cuts, or access points of drivcways
All ouside storage space shall be c,nclosed by a sighl obscuring fcnce
Permit required from Public Worla Department (208-529-1290) for approach onto a County Road
Pemrit or'\rrill scrve" letter required from Sewer & Water Service Providers, if applicable
2. Architectural Drawings: Stamped by registcrcd dcsign professional.
Floor plans - iodicate room usagc
Builditrg elevations
Wall cross-sections
Door / Window schcdules and glazing tlpes
Room finish / s and hardwarc schcdulc / s
Restroom elevations
Panition location and tlpes
Roof plan and drainage slopcs
Stair cros-scctions
Shaft sections, when applicable
Rated conidor construction details, when applicable
Fire protection dctails for stnrctural framc components, when applicable
Occupancy separation wall dctails, whcn applicable
3. Structural Drawings: Stamped by registered design professional,
Foundation drawings
Framing - roof floor aad walls
Structural dstails
Live loads used in design
Shop &awings and spec sheets on pre-fabricatcd structurcs
Reuining walls
Generul notes
4. Mechonical Drawings: Stamped by registered design professional.
Mechanical sy$t€m must meet ASHRAE / IESNA 90,1
-ZZB"ZEflE
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Revled l2llt20l2
Page2 of2
Permit
BLDG-COM - Building Gommercial Permit
BONNEVILLE COUNTY
605 N. CapltalAve.
ldaho Falls, lD 83402 [phone],.. Phone
(208) 52$1330... Fax
27504 /rt $ 29e99.00 152.00 MARK
L@ATION S Amerlcan Way
ldaho Falls, lD 83402
PARCEL# RPO7990004{'04O
PRtrERTY
LOCATION
LOT4, BLOCK 4, SUNNYSIDE
INDUSTRIAL & PROFESSIONAL PARK
NW1/4, SEC 36, T2N, Ro/lAER Donald Sonells 0
3341 N Emporer Ave
Fresno CA 93737
LOT
BLOO(
SttsOlUSlOtl
4
4
coNTRAcroR Jonathan Gregory RCT-334900 0 Sunnyslde lndusflal & Prcfessional Park
Blackfoot lD 83221
SECTION TOWNSHIP RANGE
36 a{37LTCENSE(S) RCT-34900
DESCRIPTIOhIOFI/\CIR( Commerclal- Reslroom facllity for contractor rental units
NATUREOFWOR( NewConstruc,tlon
@CUPANCYTY"E
OONS}IRUCTONTIPE
USEZOT{E l&M.l
FLOOOZOIJE
SEIA'ERPEF['IT#
U Utility. Miscellanoous
VB
Wll Serye Lettorfrom Sunnytlde
lnduetrlal and Profeselonal Park
Di,tlsrcf'E
LIVINGSPACE
BASEMENT.RNISHED
BASEItCNI-U.IFI\8SFED
GARAGE
PORCIfSIDEC|(s
I,[\ECI/ERED
PORCI€S,DECI(S@VERED
CRAVVLSPACEft/['l
FOUTDATION
20x28
0
0
0
0
0
0
0MH VIN ##uNns 0
tlrtfienrponrlbllltydlhepnopartyowrwbon lurc thlt ell lnrpecdom aro ttqueeted. lf lnrpccllons arc not pedormed, tho structur€ cannol be
occuplcd and/or a Cer{lflcate of Occupancy may not be l*ued. Thir pemlt becomer null and void if work or consbucllon euthorlzcd la not
cornsrcedwithln 1E0 dayr, or if conrtsuction b rurprndrd or rbandoncd ior r prrlod of lEO dryr rt ary Om. altrr rvork hec commsnced.
I hereby cedlly lhat I have read and examlned thb documonl and know the same to be tnp and conect. All provisions of laws and ordinances gorcmlng
thie type of worft will be complied with whether specified herein or not. Granting of a permit does not presume to give authority lo violate or cancel [p
provlsions of any other state or local law regulating construclion or the perftrmance ot constructlon.
Date
By
of Contractor or Authorlzed Agent
Dale
t8
lnspectlons
s lnspType R F Status ReqDate lnspDate lnspld lnspDlst
0 BC.DRIVEWAY
0 BC.FOOT
0 BGFOUND
0 BC.FRAME
0 BC.INSUL
0 BC.SHTNG
0 BC.SR
0 BC.FINAL Y
PERMIT # 2750,4
lnspectons ln Swan Valley, Palisadec, Freedom areas are scheduted for Tues. and Thurs. ONLY.
lnspections in Greys Lake area scheduled by appolntment only.
INSPECTION REQUESTPHONE #(2081524.7s20 EXT.2 BY4:00 PM FOR NEXT BUSINESS DAY
Permlt Notes
User Date Comments
BETSY 10t10t2018 See also #27,505 and #27,506
MARK 10n9t2018 No mechanicalwith this permit.
MARK 10n9nu8 VALUATION CHANGED: Old Value = 0 New Value = 30,000
MARK 10n9t2018 VALUATION CI-IANGED: Old Value = 30.000 New Value = 29,999
CIAL PERI}IIT APPLICATION
BONNEI4LLE ZONNG & BUILDING DEPARTMENT 605 N. Capital Ave. Idaho Falls, ID 83402 e0t)f24-7c2o Fu#(208) sze-t330
TWO PAPER COPIES OF,ITL PLANS Arc NNOUINND FOR PENUITS
(And One Electonlc Copy)
Plans to comply with 2009 IBC, IFC, IECC, IMC, [FGC,
Minimum l5 business days may be rcquired for plan review
Owner and Tenant:
Dop ALD So RRELLS
Telephone No.
Home:
Business:
Fm:
Email:
Archltect / Englneer:
T€.ToN 5r&uteTug-RL-
Telephone No.
ffiloz aq-? -
#ot, ?4yo
Generel Contmctor:
JTr-,6pr{oey
Stete Llcense:
RCr 34q oc:,'7/rz /tq
Telephone No.
Home:
Business:
Fper:
Email:
|os-"ol-ba5
conrtrucdonAddresr: P.tr. tlql*" Bunc:kt-oeT lD 23zzl
subdlvrslon: S ud-rN ysrDE Bu( rt\El!Lot:4 Block:4
Tu Prrcel No:,nnezI fl i.r
Use:C o ly-ly.€ RcII\ L-
SquereFootrse: ll, qlE Main f,'loor:Other Floors:
DescrlptlonofProJech C o p-/L(E K c" t r\ L st1 o r= s
/Ne@,emodcl:Bid Price:
5Oct,6ty/r cLr?r
SepttcPemit#: p / *f
Firc Sprinklu System:Hcat Systea: ,tffi;"eh HuA lrr'r$
Signrture of Owner/Cotrtrrctor or Authorized Agent:
) n^- (- /lr ,,\ ./^
2, [En I
BUrLP INA Y z OCI O I ZgtB
Revised 03/0620lE
Page I of2
COMMERCIAL PERMIT APPLICATION - Sunnlemental Sheet
CHECK-OFF UST FOR PLAN REVIEW
- All Plans must be drawn to Scale and Scale Noted on the Plans -
Requirements for submittlne phns to obtah a Permit for a Commercial Buildins:
l. Site Plan Detailing the following and Stamped by registcred design professional
Proper Zone, Occupancy classification, Type of construction
Footprint of the structure / s
Acreage ofproperty
Propcrty lines and dimensions
Setbacks of structure / s
location of frc hydrants and fire lanes
Parking, loading and unloading areas, sidewalh, driveways and easements
Location and dctail of proposed work within right-of-ways
Deail for site grading and on-site retention of run-off urater
location and width of curt cuts, or acccss points of driveways
All outside storage space shalt bc enclosed by a sight obscuring fence
Permit required from Public Works Department (208-529-1290) for approach onto a County Road
Permit or "will sewe" letter rcquired from Sewer & Water Service Providers, if applicable
2. Architectural Drawings: Stamped by registered design professional.
Floor plans - indicate room usage
Building elerrations
Wall cross-scctions
Door / Window schedules and glazing 6,pes
Room 6nish / s and hardrvare schedulc / s
Rcstroom elcvations
Panidon location and types
Roofplan and drainage slopes
StaA cross-scctions
Shaft sections, when applicable
Rated corridor construction deails, when applicable
Fire protection delails for suuctural frame components, when appticable
Occupancy separation wall details, when applicable
3. Stnrctural Drawings: Strmped by rcgistered design professional.
Foundation drawings
Framing - roof, floor and walls
Structural details
Live loads used in design
Shop drawtngs and spec shects on prc-fabricated structur€s
pgtaining walls
Gencral notes
4. Mechanical Drawings: Stamped by registered design professional.
Mechanical system must meet ASHRAE / IESNA 90.1
A.
B.
C.
D.
E.
K.
M.
fre.
B.
C.
H.
t.
t.
K.
L.
M.
,q.
D.
E.
F.
G.
Rcvisod l2lBl2012
Page2 of2
Permit
BLDG-COM - Building Commercial Permit
BONNEVILLE COUNTY
605 N. Capital Ave.
ldaho Falls, ]D 83402 (2081 524-7 920 ... Phone
[phone] ... Fax
27505 /0 -eq . )8 $ 500000.00 356t1.00 MARK
LocATloN 3887 S Amerlcan Way Unit A-F
ldaho Falls, lD 83401
PARCEL# RPO79900040040
FROPERTY
LOCAIION
LOT 4, BLOCK 4, SUNNYSIDE
INDUSTRIAL & PROFESSIONAL PARK,
NW1/4 SEC 36, T 2N, R 37O,r ER Donald Sonells 0
3341 N Emporer Ave
Fresno CA 93737
@NTRASTOR Jonathan Gregory RCT-3349000
LOT
BLOCX
SLEDMSION
4
4
SunnpEe lndustrial & Professional Park
Blackfoot lO 83221
SECTION TOWNSHIP
2tl
RANGE
36 37LrcEI'rsE(s) RCT-34900
DESCRPIIONOFWOro( Commercia!. Buildlng of slx unlts for lease to contractore
NATUREOFWORK New Constructlon D[irE].lSl0l.l8
IMNGSPACE
\fo x '1-(
0
[e-mail]
CO.ISIRIEIIONTYE
usEzot'tE l&M.l
Ft-ooDzohE
SEI,I/ERPEFIIIrtl#
MH VIN #
Fl Factory and lndustrlal, moderate hazard
IA
#t N]TS 6
BASEIIENT-FlNIS{EO
BASEil'EM.I'.JFINISFIED
GARAGE
PORCTES,DECKSt \EO/ERED
PORCI S,DECI(S@\ERED
CRAVI,I.SPACEMH
FO..f.lDAIlOtl
0
0
0
0
0
0
Itbtrerc+onrlbl[yotheprcpctyororrben aurc that all lnrpsctlonr aro reqrrcsted. !f lnrpccllont !ru not performed, the rtruclurs csnnot be
occuplcd lndlor a Cerflflcate of Occuprncy mty not bc lasucd. Thlc permit becomcc null and vold lf work or con3fucffon ruthorEad ls not
cmrencsdwithln 1E0 dayr, or lf conrtrucllon ls suepended or abrndonrd for a pcrlod of 180 days at any Umr aftrr urork has commenood.
I hercby certifo that I haw read and examlned lhis document and knor the same to bo true and conect. All provlslons of laws ard ordinances gweming
0ris type of work will be complied with wtretnr specified hereln or not. Granting of a permft does not presume to give authority trc violate or cancel the
provlslons of any other state or local law regulatng aonstruotion or he perfbrmanco of construdiql,
lo
ol ConHor or Authorized
C\^^/o- t 9-, k
lssued By Date
lnspectlons
s lnspType R F Stetus ReqDate lnspDate lnspld lnspDist
0 BC-DRIVEWAY
0 BC-FOOT
0 BGFOUND
0 BC.FRAME
0 BC-INSUL
0 BGSHTNG
0 BC.SR
0 BC.FINAL Y
PERMIT # 27505
lnspectlons ln Swan Valley, Pallsades, Freedom arEa3 are acheduled for Tues. and Thurc" ONLY.
lnspectlons ln Greys Lake area scheduled by appolntment only.
INSPECTION REQUEST PHONE #[phone]e20 EXT. 2 BY 4:00 PM FOR NEXT BUSINESS OAY
Permlt Notes
User Date Comments
BETSY 1ononofi See also #27,5M & #27,506
MARK 10/2U20fi No mechanicalwith this permit.
MARK 1012u2018 VALUATION CHANGED: Old Value = 0 New Value = 500,000
COMMERCIAL PERMIT APPLICATION
BONNEI/ILLE ZONNG & BUILDNG DEPI4RTMENT 605 N. Capilal Ave. ldaho Falls, ID 83402 QoE) s24-7e20 Far # (20t) 52e-t310
TWO PAPER COPIES OF ALL PLA NS ARE REOUIRED FOR PERMITS
Revird 03tl)6/201t
(And One Electronic Copy)
Plans to comply with 2009IBC,IFC, IECC,IMC, IFCC,
Minimum 15 business dap may be rcquircd for plan review
,1. 1,,.,II
0wner and Tenant:
DoN €oF-P-ELLS
Telephone No.w 5s1 - ?%4-,,tatness:F*' OEqL
Emoil:
Srg\,\cT\,l.KAL
Archltect / Engineer:
\€-.oN
Telephone No.
ffi2.o8- 3qr-
Y., +4?oDmau;
C,rneral Contrector:
U-oy.l Ge,eqo trY
Strte Llcenre:
Rc-r ?4q oo1/rz-/ta, c-t-?"
Telephone No.
*@ AoE - 1o1-
EUtmess:
P^no, b7\7
Conrtruction Addrccs:
Lot:Block:subdlvldon: Strr., l, y<lDE Bi s lFltr<s
TnrezTex Percel No:
Use:
Squere Footrge:Meln Floor:Other Floors:
Dercrlptlon of ProJect:1
Bid Price:17S.o6o . o <.l
Scptic P*mit#:lp Remoda:
Firc Sprinkler Syilen:HeatSysbn;
Signature of Owner/Contrtctor or Authorleed Agent:
Yn* b X-.-,,a,-
See page 2, Item I
Page I of2
fiil'J I 3 2018
COMMERCIAL PENVIIT APPLICATION - Suoolemental Sheet
CHECK-OFF UST FOR PLAN REVIEW
- All Plans must be drawn to Scale and Scale Noted on the Plans -
Reouirements for submittins olans to obtah a Permit for a Commercial Buildins:
L Site Plan Detailing the following and Stamped by registered design professional
Proper Zone, Occupancy classifi cation, Type of construction
Footprint of the structure / s
Acreage ofproperty
Property lines and dimensions
Setbach ofstructure / s
Location of fire hydrants and fire lanee
Parking, loading and unloading areas, sidewalks, driveways and easements
Location and detail of proposed work within right-of-ways
Detail for site grading and on-site retention of run-offwater
location and width of curb cuts, or access points of driveways
AII outsi& storagc space shall be cnclosed by a sight obscuring fence
Permit required from Public Worts Departmcnt (208-529-nn) for approach onto a County Road
Perrrit or"will serve" letter required ftom Sewer & Water Service Providers, if applicable
2. Architectural Drawings: Stamped by registcred design professional.
Floor plans - indicate room usage
Building elevations
Wall cross-sections
Door/ Wiodow schedules and glazing types
Room finish / s and hardware schedulc / s
Restroom clcvations
Partition location and tlpes
Roof plan and drainage slopes
Stair cross-scctions
Shaft scctions, when applicable
Ratcd corridor constnrction dctails, whca applicable
Fire protection details for stuctural frame components, when applicable
Occupancy separation wall details, when applicable
3. Strucural Drawings: Strmped by rcgistered design profcssional.
Foundation drawings
lmming - roof, floor aad walls
Strustural details
Live loads rued in design
Shop drawings and spec sheets on prc-fabricated structurcs
Retaining walls
General notes
4. Mechanical Drawings: Stamped by registered desiga proftssional.
Mechanical system nrust meet ASHRAE / IESNA 90.1
fl*[]s.Ec.no.fls.Er.Eo.Es.Et.[]r.[]K.[]L.[]M,
A,
B.
c.
D.
E.
F.
G.
H.
I.
t.
K.
L,
M.
A*
B.
C.
D.
E.
F.
G.
D
Dn
Revised l2/l820t2
Page2 of 2
Permit
BLDG-COM - Building Commercial Permit
BONNEVILLE COUNTY
605 N. CapitalAve.
ldaho Falls, lD 83402 (2081 524-7 920 ... Phone
(208) s2s1330.., Fax
2764{i $ 175000.00 1614.00 MARK
PERMITNUMBER DATEISSUED VALUATION FEE PRINTED BY
LocAlox 3889 S American Way Bldg 3 A.I)
ldaho Falls, lD E3401
PARCEL# RPO7990001004O
PRtrERTY
L@ANOilI
LOT4. BLOCK 4, SUNNYSIDE
INDUSTRIAL & PROFESSIONAL PARK,
NW1/4 SEC 36, T 2N, R 37OVINER Donald Sorrells 0
3341 N Emporer idve
FresnoCA 93737
coNIRAcrffi Jonathan Gregory RCT-3349000
LOT
BLOCK
st.tsDtvrsroN
4
4
Sunnyside lndmlrial & Professional Pad(
Blackfool lD 83?21
SECTION
36
TOWNSHIP
2N
RANGE
37ErJcEr.Eqs) RCT-34900
DESCRPITONOFI/I/ORK Commercial- Bulldlng of rl unlts to leasa to contractora
NATUREOF\IIORK New Constructlon
[e-mail]
@}EIRUCNOf{TU]E
usEzof{E t&ttl-t
FLOODZONE
SEVVERPEFh']T#
MH VIN #
Fl Faclory and induskial, moderab hazard
VB
#UNITS O
tffiI\ElCt\E
LIVINGSPACE
BASEMEM.FINEFED
BASEMENI-U.IFTIIEN.ED
GARAGE
KnocsDEcr(s
LNrcOVERED
FMChESfEq(s@VERED
CMItLSPACEIu|H
FOLiDATIO'I
38 x 152
0
0
0
0
0
0
o
fbtherceporefigoffipropcrtyornerto€n 3ure lhat all lnepeclionr lc rcquorlod. ll lnrpcc'tlons ere nol performed, the slrucrturo cannol be
occupled andlor a Cerdlleate ol Occupancy may not bc lrucd. Thlr permlt blcomes null and vold if wott or conrlructlon ruthorlzed b not
commencedwithin tEO dayr, or lf conrhucdon lc rurpended or abandoned for a perlod of 1E0 dry. !t my llma lftcr work has commenced.
I hereby ceffi that I have read and Examinod this document and know the sarne to bo tru6 and coned. All provieiong of laws and odinances governlng
this type of work will be complied witr whether specified hereln or not. Granling of a permit does not presum€ lo give authorlty lo violate or cenoal the
provicions of any other state or local law regulating construs{on or lhe performance of constuclion.
)y/,?/tt
Dab
z- t
(.-
By
ol Contacior or
Dale
-t?
lnspections
s lnspType R F Status ReqDate lnspDate lnepld lnspDist
0 BC.DRIVEWAY
0 BC-FOOT
0 BC-FOUND
0 BC-FRAME
0 BGINSUL
0 BC€HTNG
0 BC.SR
0 BC-FINAL Y
PERMIT # 27il4
lnspections in Swan Valley, Pallsades, Freedom areas are schoduled for Tues. and Thurs. ONLY.
lnspecUonc ln Greyr Lake area scheduled by appointment only.
INSPECTION REQUEST PHONE [phone] E fi. 2 BY 4:00 PM FOR NEXT BUSINESS DAY
Psrmit Notes
User Date Comments
BETSY fin6na18 Also #27.504, #27,505, #27, 506
MARK 11n8nw8 No mechanicalwith this permit.
MARK 11t28t2018 VALUATION CHANGED: Old Value = 0 New Value = 175,000
COMMERCIAL PERMIT APPLICATION
BONNEVILLE ZONNG & BUILDING DEPARTMENT 605 N. Capilal Ave. Idaho Falls, ID 83402 (208) 524.7e20 Far # (20t) 529-t3ro
TWO PAPER COPIES OF ALL PLANS ARE REOUIRED FOR PERMITS
(And Onc Electronic Copy)
Plans to comply with 2009 IBC, IFC, IECC,IMC, IFGC,
Minimum 15 bruiness days may be rcquired forplan review
lrn\/ | 3 ?n,x,
bo r*i SotrPtLLg
Owner and Tenant:Telcphone No.
Home:ff**,bSq- )81
OSST-Fax:
Email:
Architect / Englnecr:
-T-efod ST&r,tc-TupAL
Telephonc No.tr* J-ot - l.Gl -*r*" )42-
General Contrrctor:
i-o r-r 6ae1oY/
State Licenre:
Re T Z4q vo
-J )
I /t2- /11 eW .
m"". a-b ? - ?on -I,l,utuless:
Telephone No.
b377Fsx:
Email:
Coustruction Address:
Subdivtsion: 9 LLN pV S \ D€Lot:
AJ
Block:
Tar Parcel No:Zane:
Ure:
Squere Footrge:Meln Floor:Other Floors:
Descripdon of ProJcct:b utLD tt\)Hox l[rl.ll*qr{t
SilRcnodet:Bid Prbe:L*5,b oor(9-o
Scptlc Pmalt*:
Heal Systcm:Firc Spriaklcr System:
Slgnature of Owner/Contrsctor or Authorlzed Agent:
)n* O
Sec page 2, Itcm I
Rcl/isd 03/061201t
Page I of2
COMMERCIAL PERTIIT APPLICATION Sunplemental Sheet
CHEC'GOFF UST FOR PLAN REWEW
- All Plans must be drawn to Scale and Scale Noted on the Plans -
Requirements for submittins plans to obtain a Permit for a Commercial Buildine:
L Site Plan Detailing the following and Stamped by rcgistcred design professional
Proper Zone, Occupancy classification, Typc of construction
FooQrint of the sbucture / s
Acreage ofproperty
Property lines and dimensions
Setbacks ofstructure / s
Location of fire hydrants and firc lanes
Parking, loading and unloading areas, sidewalks, driveways and easements
location and detail of proposed work within right-of-ways
Detail for site grading and on-site retention of run-off water
Location aud width of curb cuts, or access points of driveways
All outridc storage space shall be enclosed by a sight obscuring fence
Permit required from Public Works Departmcnt (208-529-1290) for approach onto a County Road
Permit or "will senre" letter required from Sewer & Water Sereice Providers, if applicable
2. Architectural Drawings: Stamped by registered design profcssional.
Floor plans - indicate room usage
Building elevations
Wall cross-sections
Door/ Window schedules aud glazing tlpes
Room finish / s and hardware schedule / s
Restroom elevations
Partition location and tlpes
Roofplar and drainage slopes
Stair cross-sections
Shaft sections, when applicable
Rated corridor construction detailg whcn applicable
Fire protection details for structural frame componenh, when applicable
Occupancy separation wall details, when applicable
3. Shuchual Drawings: Stamped by registered design proftssional.
Foundation drawings
Framing - roo[, floor aod walls
Strucnual details
Live loads used in design
Shop drawings and spec sheets on pre-fabricated structurcs
Retaining watla
General notes
4. Mechanical Drawings: Stamped by registered desigu professional.
Mechanical system must meet ASHRAE / IESNA 90.1
A
B.
c.
D.
E.
F.
G.
H.
I.
J.
K,
L,
M.
A.
B.
C.
D.
E.
F.
G.
H.
T.
J.
K.
L.
M.
A.
B.
C.
D.
E.
F,
G.
Rcviscd 1ZlE2012
Page2 of2
Permit
BLDG-COM - Building Commercia! Permit
BONNEVILLE COUNTY
605 N. CapitalAve.
ldaho Falls, lD 83402 (2og) 524-7920 ... Phone
[phone]... Fax
27ils $ 225000.00 1914.00 MARK
PERMNI{UMBER I DATE ISSUED VALUATION FEE iPRINTEDBY
LOCAIIoN 3891 S Amerlcan Way Bldg tl A-D
ldaho Fa!!s, lD 83t101
PARCEL# RPO7990004004O
FRtrERTY
LOCATION
LOT4, BLOCK 4, SUNNYSIDE
INDUSTRIAL & PROFESSIONAL PARK,
NW1/4 SEC 36, T2N, R 37OAfGR Donald Sorrells I
3341 N Emporer Ave
Fresno CA 03737
Cor.ITRAcroR Jonathan Gregory RCT-334900 0
LOT
BL@(
sr,.BDNnsro}.r
4
4
Sunnyslde lndusrial & Professional Paft
Blackfoot lD 83221
SECTION TOWNSHIP RANGE
37E362NucEr.EE{S) RCT€4900
DESCRIPIIONOFWORK Gonrmerciat- Bulldlng tlO x 180 4 unlte to leare to contrecfors
NATUREOF\,\,OR( New Construction DN,IENSilOI{S
TIV|NGSPACE
BASEMENT.FINIS}ED
40 x 180
0
0
0
0
0
0
0
@CT.IPA}ICYTYPE
COtISTRI,JSnONTY?E
usEzofG l&il-l
FLOOOZONE
SEVVERPERMrt#
MH VIN #
Fl Factory and lndusklal, moderate hazard
VB
#UNITS O
8A8EilENI.I}IFNISIIED
GARAGE
FffiCTESDECTG
INrco\/ERED
PORC}ESDECl(sCO/ERED
CRAVISPACE/}'I-I
FO$DAIIOhI
ItbthercoponrlHltyofthcpmportyounrytoon sure that all lnspectlonr rn trquerted. lf lncpectlons are nol peilornrd, tha ttrrctur cannot be
occuplrd rnd/or a Certlficrtc of Occupancy mry nol bc Icrucd. Thls permlt becomcs null and vold lf worl or condruotlon authorized lr not
canrmercdwlthln 180 dayr, or lf conrtructlon lc rucpended or abandoncd for a pcdod of 180 daye al any ffme after ryort har comnencod.
I hereby cedifo that I ham rcd and examlned thb docrmenl and knorv the same to be trus and correcl All provlslons of laun and ordinances gweming
this type of wod< wlll be compled with whether specilled hereln or nd. Grantlng of a permit does not prssume to give authority to violate or cancel ltp
provlslons of any other etata or lo€l law regulatng constw{ion or the performance ol conetruclhn.
a tl I
olConhadoror Date
t2-t1-/s
lssued By Dab
lnspectlons
s lnspType R F Status ReqDate lnspDate lnspld lnspDist
0 BC.DRIVEWAY
0 BC.FOOT
0 BGFOUND
0 BC.FRAME
0 BC-INSUL
0 BC.SHING
0 BC.SR
0 BC.FINAL Y
PERMIT # 27645
lnspectlons ln Swan Valley, Palisadas, Freedom areaa are scheduled for Tues. and Thurs. ONLY.
lnspectlons ln Greys Lake area scheduled by appolntment only.
INSPECTION REQUEST PHONE #[phone]-T920 EXT. 2 BY 4:00 PM FOR NEXT BUSINESS DAY
Permlt Notea
User Date Commenls
BETEY 1'.v2012019 Also #27,504; #27,505; #27,506; #27,644
MARK 1112812018 VALUATION CHANGED: Old Value = 0 NEw Value = 225,000
MARK 11n8r2w8 No mechanicalwilh this permit.
CIAL PERIIIT APPLICATION
BONNETILLE ZONING & BUILDNG DEPARTMENT605 N Cupilal Ave. Idaho Falls, ID 83402 (?oE) iz+7yn Frx fl (20t) 529-1330
TWO PAPER COPIES OF ALL PIANS ARE REOAIRED FOR PERMITS
(And Oae Elecuonlc Copy)
Plans to comply with 2009 IBC, [FC, IECC, lMC,IF@,
Minimum l5 business days may be rcquirod for plan rcview
Owner rnd Tenant:
Da'1..rA,Lt> So[PeeLLq
Telephonc No.
Home:
Business:
Fat
Email:
Architect / Engineer:
IeTo l.J STtrtlrc--f \ttl* L
Telephone No.
Home: ?DZ ZSI-
Busiaess:Fax: ?4').c
Enail:
Generul Contrnctor:State Llcenrc:
Rc T 34q oo
Telephone No.
*4s ^ot - 1bn-SaBmess:+'.. 6vz7Emoil:
Constructlon Addrers:P.o. taqL Ruackt'tc-t ls l-1zzl
Subdivision:S u xr pyS lpe B tlgrN€51 Lot:4 Block:4
Tex Parcel No:Zone:f 6 iA:E
Use:Cotuyn^Ep-c\q L
SquereFootrge: Sg4A Main Floor:Other floors:
Description of Projecn CO 114. Ar g. lt C t t+ L Svto t S
\glRemodct:Bid Price:da<.A rrrr. U?)
Septic Pumit#:N/rr
Fbe SprlaHcr Syslcnr;Eeat System:
'/o utu q ( .AEn r r*r 6
Slgnrture of Ovvner/Contractor or Authorized Agent:
p^- €'
DETAILED SITaPLAIY REOILIRED Seepage 2,Iun t_-__r_U
BulLr,rN4 :tt5Rsvisd 0306/2018
Pagc I of2
COMMERCIAL PER]}IIT APPLICATION Suoolemental Sheet
CHECK-OFF UST FOR PLAN REWEW
- All Plarc must be drawn to Scale and Seale Noted on the Plans -
Requirements for submittins plans to obtain a Permit for r Commerchl Buildire:
l. Site Plan Detailing the following and Stamped by registercd design profcssional
Proper Zone, Occupancy classificatioq Type of construction
Footprint of the structure / s
Acreage ofproperly
Property lines and dimensions
Sctbacks of struchrre / s
Location of fire hydrants and firc lanes
Parking, loading and unloading areas, sidewalks, driveways and easements
Location and detail of proposed work within right-of-ways
Detail for sitc grading and on-site rctenlion of run-off water
l.ocation and width of curb cuts, or access points of driveways
All outside storagc space shall bc enclosed by a sight obscuring fence
Permit required from Public Worla Department (208-529- 1290) for approach onto a County Road
Pernrit or "will scrve" letter requirtd fmm Sewer & Water Service Providers, if applicable
2. fuchitectural Drawings: Strmped by registcred design professional.
Floor plans - indicate room usagc
Building elevations
Wall cross-sections
Door / Window schcdules and glazing tlpes
Room finish / s and hardware schedule / s
Restroon clevations
Partition location and types
Roof plan and drainage slopes
Stair cross-scctions
Shaft sections, whcn applicablc
Ratcd conidor construction detailq when applicable
Fire protection details for structural frame cornponents, when applicable
Occupancy separation wall details, when applicable
3. Structural Drawings: Stamped by registered desigrr professional.
Foundation drawings
Framing - root lloor and walls
Structural details
Live loads used in design
Shop drawings and spec sheets on pre-fabricated structurcs
Retaining walls
General notes
4. Mechanical Drawings: Stamped by registercd design professionat.
Mechanical system must meet ASHRAE / IESNA 90,1
C.
E.
F.
H.
I.
t.flKnL.EM.
A.
E.
H.
I.
J.
K.
L.
M.
c
E.
F.
(r,
Revised l?182012
Page2 of2
Permit
BLDG-COM - Building Commercial Permit
BONNEVILLE COUNTY
605 N. CapitalAve.
ldaho Falls, lD 83402 [phone] .., Phone
[phone]... Fax
o $ 225000.00 1914.00 N'ARK
Blackfoot,O 83221
LrcEr.lsE(s) RCT€4900
TOWNSHIPSECTION
36 2N
PARCEL# RFO799000tlfi!4O
coNIRAcroR Jonathan Gregory RCT-334900 0
LocAToN 3895 S Amerlcan Way Unlt A-D
ldaho Falls, lD 83401
PRtrERTY
LOCATPII
LOT 4, BLOCK 4, SUNNYSIDE
INDUSTRIAL & PROFESSIONAL PARK,
i.tw1/4 sEc 36. T 2N, R 37O/vrtR Donald Sorrells Q
3341 N Emporcr Ave
Frasno CA 93737
LOT
BIOCX
SI.BDIVISION
RANGE
37E
4
4
Sunnyside lndustial & Professional Park
ERMITNUMBER DATEISSUED VAI.UATION I FEE PRIT.ITEDBY
27506
DESCRIPTIONOFWORK Commerclal . Bullding of four unita to leare to contrac{ors
MruREOFWORK NowConstruction
OCCL,PAI.ICYTYPE
CONSTFUCNOT{TYPE
usEzof{E l&M.l
FLOODZONE C
SEWERPERMTT#
MH VIN #
S-1 Storago, rpderate hezard
VB
#UNITS O
D[vE$U'lS
LMIIGSPACE
BASEIIEI.Ir -HISHED
BASEMENT.UNFIUST#D
GARAGE
PORCTIBDECT(S
LN@I/EFED
PORCHES/DECI(SCO'BEO
CRAVI/LSPACE]MH
Fq.hDATTON
40 x '146
0
0
0
0
0
0
0
Itblhenapondblllyof0npmpetyomortoen suro that all lnspec{ionr arc requestpd. lf lnspec-tions are not pcrlorne4 the rfructuru oannot be
occupled andlor a Gerllficate of Occuprncy may not br irucd. Thlr permlt becoorcr null end vold lf work or conrtrucdon aullrorlad ls not
cqrmcooodwlthln lEO dryr, or lf conilrucllon lr rusporded or rbandoned for a porlod of 180 days al any time after worl hac comnronced.
I heloby certify that I have read and e:omhed tlls doqrment and know the same to be true and conect. All provisions of laws and ordlnances gotrurnlng
this type of wort will be omplied with whether spedffed herein or not. Grandng of a permlt does nol ptsume to give authorlty to vlohte or cancel the
provislons of any other statg or local law
/6
DaboforASent
constructlon or the perfuimance of oonstructlon.
Dab
lnspectlons
s lnspType R F Status ReqDate lnspDate lnspld lnspDlst
0 BC.DRIVEWAY
0 BGFOOT
0 BC-FOUND
0 BC.FRAME
0 BC€HTNG
0 BC.FINAL
PERMIT # 27n6
lnspectlons ln Swan Valley, Pallsadet, Freedom aroas are ccheduled for Tues. and Thurt. ONLY.
lnspections in Greys Lake area scheduled by appolntrnent only.
t NSPECTION REQUEST PHONE #(2081s21-tgza ilT. 2 BY 4:fl1 PM FOR NEXT BUSIN ESS DAY
Permlt Notes
User Date Commenls
BETSY 10t10120't8 See also #27,5W & f27,505
BETSY 10t18t2018 Primary address for parcel is 3887 S. Amerlcan Way
MARK 10t18t2018 VALUATION CHANGED: Old Value = 0 New Value = 225,000
MARK 1011812018 No Mechanlcalln thls bulldlng
EXHIBIT D
Sunnvside Park Utili ties. LLC.
August 21,2019
Donald Sorrells
3887 South Amedcan W,ay Unit "A"
ldaho Falls, ldaho 83402
Re: Lot 4 Block 4 Sunnyside lndustrial & Professlonal Park
Seupr Violations / Breach of Contract
Elear Mr. Sonells
Upon purfiaee of tho property in Sunnyside Industrtsl Pail, it ralas fully underetood by
bolh parties hat your need frcr Water anrl aep$c seMce wae limibd to tuo batrrooms ln
a common office at the center front of pur property. Sunrysirle Utllltles lnc. agreed to
provide the requesled water and seplb eervlce to hat ofro only. The 'lvill serye' letter
lssued to you by Sunnyside on August 23, 2018 stated: ?lease note the landoumsr
must pmvide a water meter ( at the owne/s expame ) for my weter usage determined
to be above 12,0@ gnllons per month.'
During construction, you altered lhe structure on the norlh eost coneradding sepfrc and
water hook ups along wlth washer and dryer hook ups insiG unil # A. Addlthnally, you
have installed 10 frost fiee hydnants, near lhe front of eacfi pntable unit. The additional
connec.tbns wlll likely exoeed 12,000 gallons per rnnh. Dbcharge of exceesirc and
unauthorEed wasle into the system ls a vlolatlon of Sunnyrsltb's Rules and Regulatlons,
Arthile ll, Sectlone 2 and 4(e).
Both of these alteralions are in direct violallon of our agre€ment and your commitnpnl
upon purchaee of the property. The bllowing actions ane nou rcquired:
Item #1: You are hereby requested to permanently remoe and plug the addiUona!
water and s€ptic facilities ingtalled ln unit #A. We e4ect lhis alteradon to be
acconpllshed wlthin the nexl30 days.
For lour information, Bonneville County P&Z Ordinance Chapter 26 Sec-tlon 1-m02 (),
whlch ls appllcable lo thls lMl zoned property, prohlbib '...all resldentialuses except
the residence of a caretaker of an industrlal plant'. (See atlafied oopy). Your continuing
resldence on the property ls prohlHted and must oease inmedlately. A copy of this
letter is being sent to Bonnevllle County Planning and Zoning for lheir review and
lnvestlgntion.
Item #2: Wlh the addiUon of the frost-free hydrants you ar€now required to install the
water meter at lhe property llne where you take delivery. Ihe potenllal rrolumes mw
need to be reorded and monltored for bllllng purposes.Weexpect lhis meterirg to be
accomptished within the next 30 dayt at your expen6e, by a hensed plumber.
Item #3: On August 15 10:00 PM your facility wes found in violation of Sunnyslde
UtiliUes lnc.'s Rules and Regulations (Attlcle 2, Section 4) wterein pur defecthre tollets
rrvere dlscharg,ng a constanl flow into our septtc system.The,E was no reeponse al your
truilding, and with lto one around, your water seMce was shutoff,
I' O Box I 768 .-ldaho Falls, lD 83403- l 758 | tPhone [phone]
Sunn Park Utilities LLC.side
On August 16 at 8:00 AM I returned and water service was turned on based on your
commitment to have a plumber examine your facillty end conoct the deficiencies. Thal
evening at approximately 6 PM you assured me you had tested the tollets ee\,Bral times
dufing the day and found no problems.
On August 17 at 8 AM your faclllty was again found h violation of our ruhs and
regulations by discharging a constant flow of waste ymter into our eeptic syslem, You
again would not answer your door, requiring the service be shut ofr. At 8:23 AM pu
phoned rne ranting and raving that pur seMce was shut off. Aller pur oommltment to
ellrninate the constanl se$€r flow and obtain the seMces of a plumber )aour water was
restored.
These tum vlolations, along with your belligerent attitude end inability to accept
responslbility, forces us to put you on wrltlen notice of probation, See Rules and
Regulations, Artlcle 4, Sedlon 1.
Pursuant to Article 4 Sectlon 1 you are glven flve (5) calendar days for tfe satiefactory
conrection of the toilet delrcioncies, with repairs certifled in wrltlng by a lioensed
plumber. Additionally we requlre a written plan of action erplaining how you intend to
comply wlth and malntaln complianoe with our Sewer Servtce Rules and Regulations.
This plan needs to include monftoring of lour facilltles, and a dally (after 8:00PM) reporl
of continued compllance. Thls report can be by email lo our company,
Failure to comply wlth all the above to the reasonable satisfaclion of Sunnyrlde Utilltles
lnc. may reqdre us to inroke Article lV, Seclion 3 and termhte lour service.
This company reserves the right to refuse to provide service lo perslstent vlolators of
and regulations.
Beck
Sunnyside Park Utllitles, lnc.
Attorney - Mark Fuller
Bonneville County P &Z- Steve Ser
Cc
.D O Box I 758 :.:Idaho Falls, ID 83403- l 768 t lPhone [phone]
EXHIBIT E
Sunnyside Park Utilities. LLC.
Seotember 5. 2019
Donald Sorrells
3887 South American Way Unit ?"
ldaho Falls. ldaho 83402
Dear Mr. Sorrells
As you are aware on Sunday, September 1d 7:30 PM I discovered again a violation of
our rules and regulations by discharging a constiant flow of waste water into our septic
system.
You would not answer your door, so I called your phone you and you came to the door.
We established that your toilet was running unrestrained. You rnade some conections
and stated that this was the toilet that had previously been corrected by your plumber.
And Augusl21,2019l emailed and mailed you notice of your vkrlation of our agreement
and commltment you made upon purchase of the property.
I also docurnented your violation of our rules and reguhtions.
Unfortunately, you have not responded in any manor to our concerns.
This is again indicative of your attitude and inability to except responsibility.
Failure to respond and provide a proposalto rectify our concerns wlll result in
termination of your service.
lf I do not hear from you your service will shut off on Friday September 13, 2019 and
you will be required to reapply for any conUnued service.
Doyle Beck
Sunnyside Park Utilities, lnc
P O Box 1768 -Jldaho Falls, tD 83403-1768 i-lPhone [phone]
EXHIBIT F
FULLER & BECK LAW OFFICES, PLLC.
Itar* R. Fullr
Danb| R. B€GT
Paul L. Fuller
ATTOR'IIEYS AT LAW
4t0 femorial Drive, Suib 201
P.O. Eox 50935
ldaho Falls, ldaho 834050935
Telephone: (208) 52{-5400
Ftcslmib: (20E) 524-7167
Emall: fu llerandbecl@gmall-com
Re:
RETURN RECEIPT REQUESTED
February 12,2021
Donald Sonells
3341 N. Emperor
Fresno, CA 93737
3887 S. Arnerrcan Way, Unit'A'
ldaho Falls, lD 83402
My Client: Sunnyside Park Utilities, lnc.
lssue: Violation of Rules and Regulations
Dear Mr. Sonells
Our office has the pleasure of representing Sunnyside Park Utilities, lnc. ("SPU"), and we heve been asked
to contact you regarding the unauthorized water and sewer connections installed on your lot in the
Sunnyside lndustrial and Professional Park. SPU provides water and sewer services for the majority of tre
lots located in Subdivision. On August 23, 2018, SPU issued a 'Will Serve' letter regarding property you
purchased in Sunnyside lndustrial and Probssional Park, in Bonneville County, ldaho. The "Will Serve"
letter was issued based upon he architectural plans which were approved for the property, which only
identified two bathrooms being installed on your property, lt is now our underslanding that ten (10) additional
ftost frree hydrants, washer/dryer connection and an RV Septic Dump r,rere instalted without approrral by
Sunnyside Park Utilities. Additionally, SPU has discovered repeated instances of excessive drainage
ooming from your defective toilets, as noted in the letters sent August 21,2019 and September 5, 2019.
Further, in spite of repeated requests, you harre also failed to monitor your discharges as required by Article
ll, Section 7 of the Rules and Regulations for Sewer Service. These unauthorized discharges violate Article
ll, Section I of SPU's Rules and Regulations for Sewer Service. You have used or are using the property for
residential sewer service to lhat bt in violation of Bonneville County Zoning Ordinances. All of these actions
compromise the integri$ of the septic system and puts all connecting lots at risk of system fuilure.
ln its letter of September 5, 2019, SPU stated that it would shut off service if its mncems were not rectified.
SPU did not follow through on the termination based upon a belief that the parties vuere engaged in good-
faith negotiations regarding a proposed Water-Sewer Agreement. During these negotiations, you twice
orally agreed to the Water€ewer Agreements which were prepared, but af,er more than two years it is clear
that you are unwilling to sign the Agreements or keep your promises. Based upon your lack of cooperaUon,
SPU will now pursue its remedies for your breaching of the terms of lhe architectural plans and as allowed
under the Rules and Regulations br Sewer Service.
Pursuant to Article lV, Section 1, of the Rules and Regulations, notice is hereby provided that you are rn
violation of the Rules and Regulations for the additional water and sewer connections. You must bring your
property into conformance wiffr the approved architecfural plans by (1) removing the frost free hydrants, and
(2) place a permanent @ment plug in the RV septic system dump sewer line within thirty (30) days of your
receipt of this letter. Upon successfully completing these actions, please notify our office and we will
rhedule a time for a representative of SPU to come and vertfy compliance. ln the event such actions are
not taken within fte time provided, you will be cleemed a persistent violator and SPU will pursue a
Declaratory Judgment Action to obtain judicial authorization for SPU to disconnect your seri€r and water
services. You will be assessed wiffr Court costs and attorney fees br that litigation.
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EXHIBIT G
FULLEH & BECK LAW OFFICES, PLLC.
Mart R. Fuller
Danbl R. Beck
Paul L Fuller
ATTORNEYS AT I-AW
{t0 Memorial Drive, Suib 201
P.O. Box 50935
ldaho Falls, ldaho 83.105.o935
Tolepft one: (20Ef 521-6400
Facrlmlle: (208) 52'l-7t 67
Emai!: [e-mail]
Re:
Sent via Email
April16,2021
Amanda Hebesha
WAGNER JONES HELSLEY. PC
265 E River Park Circle, Ste. 310
Fresno, CA 93720
ahebesha@w1 haftorneys. com
My Client: Sunnyside Park Utilitbs, lnc
Your Client: Donald Sonells
lssue: Violation of Rules and Regulations
Dear Ms, Hebesha
We are in receipt of your letter of April 5, 2021, and respond to the same herein. Attached please find
additjonal documentation, including the Site Plan for Don Sonells' Storage Shops, the building plans for
Building 1 (the small building with the restrooms), all ftve (5) building permib, and an e'mail from Austin
Black, Assistant Planner, Bonneville County Planning and Zoning.
We disagree with your repeated assertions that by seeking to enbrce its rights and assure the protection of
the septic and water system that my client has been harassing Mr Sonells. My client will continue to
enforce the terms of all agreements and take all nocessary steps to assure that the septic and water
systems are protected from unauthorized or illegal use. Your client's unauthorized or illegal septic and water
connectbns put at risk the entire system which serves multiple lots. My client has an obligation to other
stakeholders, as well as your client, to assure the continuing viability of the system
Your references to the CC&R's is without nrerit, as the disputed issues are not regarding moclification of
building structures or aesthetics, but modification of water and sewer conn€ctions, govemed under the
Rules and Regulations of Sunnyside Park Utilities, lnc. The Architectural Control Commiftee of Sunnyside
lndustrial and Professional Park (the Owners' Association) does not have authority to authorize or regulate
water and sewer connections. The Owners'Association and Sunnyside Park Utilities are separate entities
with separate rQhts and obligations. Your letter fails to recognize this distrnction and confuses the governing
documents of two independent entities. However, given your relrance upon the CC&R's, we would direct
your attention to Declaration VO(d), which specifically prohibits "temporary structures, such as trailers,
tents, shacks or similar buildings...on any lot, except during construction as authorized by the ACC.' Under
Declaration VUXfXll), the CC&R's prohibit the transfer, dumping or disposal of garbage or refuse, except
for waste that is produced on the premises from authorized uses. lf Mr. Sonells is using the RV septic
connection to dispose of waste which was created at other locations, then that is another violation of the
CC&Rs. Please provide wriften variances from these provisrons under Declaration V(i) which your client
received from the ACC. lf no variance has been issued, then your client is in violation of the CC&R's and we
will inform the Owners' Association of such violation.
April16,2021
Page 2
We direct your attention to the Construction Notes (left column) and Notes (right column) of your client's Site
Plan. The Construction Notes stale that the Water Main and Services and the Sanitary Seurer Main and
Services shall meel the 2017 ISPWC Standards, and the water lines shall be installed with 6 feet minimum
cover lt is the responsibility of the owner to provide and install all required backflow prevenlion devices on
water services Under the Notes, the folbwing relevant issues are required:
'l Any changes to the site plan shall be submrtted to Bonnevllle County Public Works Department for
approval prior to construction. (Note 2)2. A licensed ldaho Professional Engineer shall inspect, certify to County Standards, and prepare'as-
built" drawings for all road water, sanitary sewer and storm sewer main lines. (Note 5)3. All water service lines less than four (4) inches and sanitary service lines less than eight (8) inches
shall be inspected by service providers prior to backfilling. (Note 6)4 Commercial buildings, where possible, shall be plumbed for a meter inside of building. Owner is to
contact water deparfiient to deErmine if a meter is required and for additional information. (Note 7)5. Failure to comply with the Notes may result in withholding water service. (Note 3)
You will also note in the e-mail from the Assistant Planner, that his file oontains five building permits. The
Assistant Planner also states that only Permit 27504 (the small building wih restrooms) shows connection
to water/sewer, and that "[n]one of the other permits had a willserve letter or showed that it was intended to
hook up to water and sewer." Our client w* infurmed that the Coung would not provide mpies of the
building plans Your client's contrac"tor provided our client wrth building plans for Building 1 for the purpose
of obtaining a will-serve letter, which was the only building which was to receive water and sewer and wtrich
identifies two toileb and two sinks. Our client would not have received building plans for buildings wtrich
were not receiving water and sewer. During negotiations to purchase the property and obtain a will-serve
letter, your client only identified the bathroom as using water and septic service. This statement was made
in the presence of Paul Crockett and is also known to John Gregory, the contractor who built the buildings,
and was relied upon by my client in issuing the will-serve letter. Mr. Gregory has also informed our office
hat the only plumtling in the original mntract wifr your client was the bathroom and conference room
building and that the will-serve letter was for building permit no. 27504. All other plumbing was not part of
the original contract Based on the representations of the County, Mr. Gregory, and your client, and your
client's Failure to provide the other four building plans to our client, we do not believe that any of the other
four building plans identified he other buildings as receiving water and sewer services. Your claim that the
"will serve" letter for one building is generally applicable to all five buildings is untrue and not supported by
the County or your clienl's actions. Sunnyside Park Utilitjes' provided a will-serve letter for the only building
that was to be provided with water and sewer.
Prior to any consideration of the offer made by your client, your client must establish that he has complied
with all legal requirements, performed the necessary inspections, and is permitted by the County to act in
the manner your client requests. Specifically, please provide our offlce with
1. the inspection and certification report by a licensed ldaho Profussional Engineer stating that the
water and sewer lines are up to County standards,2. the "as built" drawings for the water and sewer lines for all buildings,3. all changes to the site plan submitted to Bonnevi{le County Public Works Department,4. the architecfural plans for Buildings 2-5, which were never received by Sunnyside Park Ulilities, lnc.
or the Owners' Association, which is another violatbn of the CC&Rs (Decl. lV(a)),5. evidence that an appropriate backflow prevenlion device has been installed, and6. evidence of an inspection by the service provider as required by Note 6.
lf you are unable to provide the requested information, my client will require (1) an inspection, and (2)
installation of a water meter for the building to which service was authorized.
April 16,2021
Page 3
My client cannol consent to the continued use of any connection, including the RV connection, if such
connection is not authorized and installed properly. We believe that the RV connection was installed without
any authorization or inspection from the County, Sunnyside Utilities, the Owners' Association, or any other
entity, and was the unilateral action of your client, done in secret to avoid the County and Owners'
Association from prohibiting residential living m he industrial zone. My client is concerned that the RV
connection can easily ovenrhelm the septic system with excessive, unauthorized or illegal waste. Further,
my client cannot authorize the use of the shop as a RV site, when such has not been authorized by the
County or the CI,vners'Association. Prior to any further discussions on maintaining the RV connection, my
client requires that your client obtain written approval from the County to use he shop as a residence and a
rrariance from the Onrners' Association allowing a temporary structure (the RV) on the lot. lf the County finds
that the use of the shop to park and reside in the RV is not authorized, then this whole discussion is moot,
as your client cannot use the site as he intends. We would direct your attention to Bonneville County Zoning
Ordinance 1-2601(2) regarding l&M-1 Zones: "Dwellings and other uses which discourage the use of the
land br its primary purposes have been excluded." By parking the RV in lhe Shop, the Shop becomes a
dwelling under the definitions of the Ordinance. Whether the term "residential use" is specifically defined or
not, the clear intenl of the Zoning Ordinance is to exclude dwellings and other uses which discourage
manufacturing and industrial uses. We believe the County willfind that an RV parked in a shop constitutes a
duelling thal musl be excluded. Had the County intended to provide an exception to allow RV's to park in
l&M-1 zones, it could have stated so. as it has done for a caretake/s residence.
Further, with regard to the septic cleanout, Article lll, Section 1, of the Rules and Regulations clearly
prohibits damaging any structure, appurtenance or equipment associated with the sewer system This nould
include the cleanoul Any person who damages the system is subject to civil and/or criminal proceedings.
Your reliance upon Section 3, which addresses connections, is misplaced. However, tris issue will be
considered resolved upon your client's repair of the cleanout as le has agreed.
Please review these requirements and documents with your client and provide the requested documentation
by April 30.2021.
Very truly yours,
FULLER & BECK
-4/*lL{,t{"ll
Mark R. Fuller
Attorney at Laur
Encc: client
EXHIBIT H
FULLER & BECK LAW OFFICES, PLLC.
llalt R. Fulhr
Drnlsl R. Bccl
Paud L Fullcr
ATTORIIEYS ATLAW
410 ilemodd Drlve, Eulto 2{ll
P.O. Box 5@35
ldaho FClt, ldaho 83'105{935
Telephorc: (20E) 5A+5400
Facrknilc: (?!8)5?*7161
Emall: [e-mail]
RE:
Amanda G Hebesha
Wanger Jones Helsley PC
265 E. River Park Circle, Suite 310
Fresno, CA 93720
October 29,2021
Our Client: Sunnyside Park Utilities, lnc,
Your client: Don Sorrells
Notlce of lntention to Terminate
Dear Ms. Hebesha,
I am in receipt of you letter dated Oc{ober 27,2021. Your ofiice has provided us with evidence that lhe toilet
has been repaired, and cunent discharge ftom the Sorrell building indicates that at least for now the repair
has been sucoess{ul. Historic water usage on the Sondls property has been 103 gallons per day for August
and September. I insbucted my client to return to the location to tum the water on as lror,r requested, and he
found that his lock had been cut off by Mr. Sonells or his agent, the water had been turned back on at the
meter and at the curbotop, and that a n€w lock hd been installed on the melter Feventing mcess by my
cliant. (See attached photogfiaph) My client's adlon was in direct obedience to your rEquest: "Pleme direct
pur dient to ammediately resume servioe to the subjec{ property,'and did not constitute a trespass by
reason of your exprcss direction. Honrever, 1our earlier paragnaph indicates a continue assertion that he
water meter is loated ofl your dient's prop€rty.
This letter is to provide Notice of lntention to Terminate the water service to the Sorrells' property unless my
dient is given access to the utilities rmter meter within the next 7 days. Meter readings October 1 thrugh
25 show total llor of 10,600 gallons, q 442 gpd. This exceeds Aug/Sept usage of 103 gpd by 339 gpd or
7513 gallon excess. Sunnyaide's representative witnessed rallater running at night at he rate of 2880 gallons
per day on Oc'tober 24. On mulUple oocasions Mr. Sorrells has shown he is unable to monitor his excess
sswage discharye. These llows are una@eptable and defimental to Sunnyside's syslem. As this is a
continual and habiUal problem, we have determined thal Mr. Sonells is wiltfully wasting and interfertng with
our service to his property and oher customers throtrgh impnoper equipment and/or maintanance.
Additionally, Mr. Sonells has denied and wittfully prevented our acoess to our meter.
The Third Party Beneficiary Utility Agneement, recorded August 7,2W1 as lnslrument Number 1272911,
Section 4(a) states as follows:
The company reserv* and has the right to establish and collect as a charge or charges for water
furnished and consumed by the orlrners or occupants of each of the buildings, and other
Page 2
improvements at the rates as prescribed and permitted herein. The company shall have the right to
install on the prernises of each of lhe individual buildings, and other improvements a water meler to
be maintained by the oompany hrough whk*t all water supplied to the consumer shall pass and to
which the cornpany shall have aocess at reasonable times for the purpose of traking met€r readings
and keeping said meters in repair. The company may charge the cost to he customer of any
mataials used, equipment rented or the equivalenl rale for the companies equipment used and
labor expenses incuned in making any connectbns or in making any repair which is lhe
responsibility of an onner.
This Third Party Beneficiary Wlity Agreement was recorded many years before your client carne to orn tho
property and he raras placed a notice of such terms at the time lre purchased the property. Sunnyside Park
Wlities is a water corporation as defined by ldaho Code Section 61-125 and ls therefore governed by
applicable regulations issued by the ldaho Department of Public Utilities. All water corporations are defined
as public uUlities pursuant to ldaho Code Sedion 61-129.
ln July, 2021 the ldaho Public utilities Commission issued administrative regulations set forth in IDAPA
31.21.01 regarding customer relations rules for water public utilitjes. Rule 302.01(e) allows for termination of
service when'the customer or applicant denied or wiltftrlly prwented ttre utility's access to the meter.' This
provision is expressly applled to industrial and commercial customers pursuant to IDAPA 31.21.01.002.01.
The purpose of this letter is to place Don Sorrells on notioe that Sunnyside Park Utilities intends to terminate
his service withln seven calendar days unless the lock which he placed on the meter is removed and
Sunnyside Park Utilities b allowed acc€ss to its meter, regardbss of lhe meter's lmation, at all reasonaHe
tlmes for the p.rrpose of taking meter readings and keeping said meter in repair. The meter is the property of
Surmyside Park UtiliUe and it insists on accasE to all meters within the industrial park, regardless of
location. The folloruing ltems are required to continue senvbe:
'1. Remove your padlock and agree to allow unrestric{ed acoess.
2. Agree to neve manipulate and/or control our valves or meter without permission.
3. Pay all our cosls associated with this irpident.
4. Provide an acceptable vwitten plan to manage and contrd lDur flows into our system to prevent any
future overflora.
lf such actlon is not taken wilhin the seven calendar days provided, and your threat of trespass withdrawn,
Sunnpide Park Utilities will take action to terminate the service or will apply to an appropriate court for an
P.gB3
oder auttuiarU Hmhadon d ssvbe. Pleaeo onffrm )our r€ooiil of [ris Nde and respond lndleUng
fte thps taken ry iJf. Saref,b b rernoo he lock and dlq, mydbrb uruestldetl eoess b thet unter
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EXHIBIT I
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Meter lnstalled
UPHOI,STERY LADY? RESTRAINING ORDER?
TOLD ME I COULDN'T BE ON THE PROPERTY
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EXHIBIT J
Filed : 03/022022 08:1 5:43
Seventh Judicial District, BonneMlle County
Penny Manning, Clerk of the Court
By: Deputy Clerk - Yates, Emrny
IN TI{E DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT OF THE
STATE OF IDATIO,IN AI{D FOR THE COt NTy OF BONNEVILLE
Case No. CVl0-214624
SI.JNNYSIDE PARK UTILITIES, NC.,
an tdaho Corporation,
Petitioner,
MEMORANDUM DECISION ON
RESPONDENT'S MOTION TO DISMISS
vs
DONALD SORRELLS, an individual,
Respondent.
INTRODUCTION
Before the Court is Respondent's Motion to Dismiss Petitioner's Petition for Declaratory
Judgment. Petitioner is a water utility for a private business park. Respondent is the owner of
buildings in the concerned business park serviced by Petitioner. Respondent's Motion provides
aflirmative defenses under Idaho Rules of Civil Procedure l2(bXl) citing lack of subject matter
jurisdiction and l2(bX2) citing a failure to state a claim upon which relief can be grmted.
Therefore, the crux of the immediate decision lies in the applicability of a party's duty to
exhaust administrative remedies and this Court's subject matter jurisdiction over the conceming
mattens.
Page I of 16
Memorandum Decision
Case No. CVl0-21-6624
Following oral argument, the Court took this matter under advisement to issue a written
opinion and addrpss the issues at hand. Herein are the findings of the Court.
FACTUAL AI\D PROCEDURAL BACKGROUND
ln the matter beforc this Court, there has been no argument or disagreement between the
parties regarding the underlying facts or occurrences described by Petitioner in its Petition for
Declaratory Judgment. As such, the Court accepts and adopts the following points as described in
the Petition.
Petitioner, Sunnyside Park Utilities, Inc., (hereinafter "sunnyside") is an ldaho
corporation, organized and existing under the laws of the State of Idaho with its principal place of
business in the County of Bonneville, State of ldaho, witlr the principal purpose of providing water
and sewer service to commercial properties in Sunnyside lndustrial and Professional Park
according to the Sunnyside Park Utilities Rules and Regulations proffered and adopted by
Sunnyside. Petition at t[. Sunnyside is a water corporation as defined by ldaho Sections 6l-125
and 6l-129. Id. At Ex. E p.2. Respondent, Donald Sonells (hereinafter "Sorrells") is the owner
of Lot 4, Block 4, Sunnyside Indushial & Professional Park, located in Bonneville County, Idaho
(hereinafter "the Property"). Id. at\Z.
On August 23,2018, Sunnyside issued a "Will Serve" letter to Sorrells, based on
representations that Sorrells would install two (2) restrooms on the Propeny, with no other water
or sewer needs. Id. atl3.
In October-November 2018, Sorrells obtained commercial building permits from
Bonneville County to oonstruct several buildings on the Property, only one ofwhich was identified
as requiring a sewer permit. Id. at14. Sorrells was authorized to install only two (2) bathrooms
Page2ofl6
Memorandum Decision
Case No. CV10-21-6624
on the Property under the Bonneville County building permit and his agr€ement with Sunnyside.
Id. However, Sorrells established additional connections, including but not limited to a
washer/dryer connection, an RV septic connection, and ten (10) frost-free hydrants on multiple
buildings on the Property. Id tt 5. Sonells' installation of the additional water and septic
connections was not authorized by Sunnyside and was not permitted by Bonneville County Zoning
and Building Departnent. /d. at {6.
Following Sorells' connection to the Sunnyside system. Sunnyside noted repeated
instances where excessive discharge was directed into Sunnyside's septic system from Sorrells's
Property. ld. atl7. Sunnyside notified Sorells of these recurring issues and was routinely assured
that the problem would be addressed. /d
On orabout August 21,2019, Sunnyside sent a notice of violation to Sorrells regarding the
additional connections. Id. at '1f8. Sunnyside alleged that Sorrells was in direct violation of the
multiple sections of the Sunnyside Park Utility Rules and Regulations (hereinafter "Rules and
Regulations"). Along with the notice of violation, Sunnyside identified a defective toilet that was
discharging a continuous flow into the Sunnyside system. /d. Sunnyside requested remediation
of the defective toilet and indicated that services would be terminated if not repaired. .Id
On or about September 5, 2019, a second notice was sent to Sorrells' regarding a constant
flow of discharge coming from Sorrell's Property. In addition to the notice, Sunnyside again
requestcd that Sorrells remedy the problem . Id. atl9.
On or about FebruNy 12,2021, Sunnyside sent a third notice of violation of Rules and
Regulations through counsel, in which it requested that the frost-free hydrants be removed and
that a cement plug be placed in the RV septic system dump sewer line. Id. at 1JI0.
Page 3 of 16
Memorandum Decision
Case No. CV10-21-6624
Based on a belief that the Sorrells was acting in good faith in negotiating a compromise,
Sunnyside did not immediately terminate services to Sorrells' property. /d. at lfl l. Sunnyside
believed that the RV septic system dump sewer line had been plugged, but Sunnyside has not been
allowed to verify this fact directly. /d
On April 5,2021, counsel for Sorrells submitted a lerrcr stating that "the toilet
drainage/leaking issue has been rcmedied." ld. atl.l}.
On April 16,2021, counsel for Sunnyside identified numerous legal requirements with
which Sorrells failed to comply, including the following: ( l) failure to provide an inspection and
certification rcport by a licensed ldaho Professional Engineer stating that the water and sewer lines
were up to county standards; (2) failure to provide as-built drawings for the water and sewer lines
for all buildings; (3) failure to identify changes to site plans submitted to the Bonneville County
Public Works Department; (4) failure to provide Sunnyside Park Utilities with the architectural
plans for Buildings 2-5; (5) failure to provide evidence of an appropriate backflow prevention
device; and (6) failure to allow Sunnyside to inspect the water and sewer service lines prior to
covering. Id. atfll3.
On June 17,2021, a water met€r was installed at Sunnyside's cost to monitor water
consumption on Sorrell's Propefty. The water meter remains the property of Sunnyside. Id. at
tTl4.
On October 25,2021, at approximately 9:30 p.m., Sunnyside discovered that Sorrells'
toilet was again continuously running and discharging into the Sunnyside system. /d. at !J|5. As
a rcsult, Sunnyside shut offwater to the Property to prevent tlre continuous flow from overloading
the septic system. .Id.
Page 4 of l6
Memorandum Decision
Case No. CVl0-21-6624
On October 26,2021, counsel for Sunnyside informed counsel for Sorrells of the repeated
excessive discharge issue and statcd that "water will be tumed back on when proof is provided
that a new toilet has been installed and a monitoring plan acceptable to Sunnyside Park Utilities is
submitted by Mr. Sonells on how he will manage his sewage discharge in the future." Id. at\16.
During the evening of October 26,2021, Sunnyside again noticed excessive discharge into
its septic system and found that Sorrclls, or his agent, had turned on the water without Sunnyside's
authorization. Id. at flI7. Sunnyside again turned off the water and installed a lock on the water
meter to prevent Sorrells from restarting the water until Sorrells verified that the problem had been
remedied and would no longer risk overloading the Sunnyside septic system. .ld.
On October 27,2021, Sorrells sent a text message to Sunnyside, sating in part: "...this is
a formal notice that if you oranyone representing you entcrs my property for any rcason again you
will be removed by force if necessary. The water meter is fully owned and paid for by me and is
on my property. Do not TOUCH AGAIN!! The toilets have been repaired and there is no water
flow. BACK OFF!!!"/d. at!f 18.
On October 27 , 2021 , Finish Line Plumbing, Inc., invoiced Sorrells $471 .90 to repair the
leaking toilet. Id. at'ffl9.
On October 27,2021, counsel for Sonells notified counsel for Sunnyside that the toilet had
again been repaired and requested that water service resume immediately . Id. atlQ0. Upon receipt
of this request, Sunnyside went to the water meter to resume service and found that Sunnyside's
lock had been removed, the water had again been tumed on without authorization, and a new lock
had been placed to prevent Sunnyside from being able to turn off the water at Sunnyside's water
meter. Id. atfiZl.
Page 5 of l6
Memorandum Decision
Case No. CVl0-21-6624
On October 29,2021, counsel for Sunnyside provided a notice to Sorrells' counsel that
water service would be terminated based upon Sorrells' interference with Sunnyside's access to
the water meter by means of the unauthorized lock and threats to forcibly rcmove any
representative of Sunnyside who attempted to access the meter as allowed under ldaho Public
Utilities Commission regulations set forth in IDAPA 31.21.01.602.01 and IDAPA
31.21.01.302.01(e). Id at1fi22.
On November 1,2021, counsel for Sorrells stated that the lock would be removed "on
condition that [Sunnyside] follow the rules for notice provided in [Sunnyside's] own rules and
rcgulations in the future." Id. at !f23. As of the date of the Petition's filing, the lock had not been
removed, and Sorrells had not rescinded his threats of forcible removal. /d.
Since the October 27, 2021 toilet repair, Sunnyside has conducted daily rcadings of the
water meter and daily inspections of the sew€r discharge from Sorrells' Property. Id. at 124.
Between the evening of October29,202l. and the morning ofNovember 9,2021, atotal of 12,168
gallons were consumed by the Sorrells property, which averages out to neady 50 gallons per hour
for a property that was only authorized to have two restrooms. ld. xt'i25.
On Novembcr 2,2021, Sunnyside notified Sorrells' contractor rcgarding the excessive
consumption of water and was informed that a frost-free hydrant was leaking and was in the
process of being repaired. Id. atl26. Sorrells' conraotor was unaware of the extent of the leak,
as only a minor leak is noticeable from the hydrant itself. Sonells' contractor turned offthe water
line to the hydrants and informed Sonells of the leak. Id. Sonells informed the contractorthat
Sorrelts would continue to use the water service and allow tenants or agent(s) to regulate the water
to the hydrants as needed. /d.
Page6ofl6
Memorandum Decision
Case No. CV10-21-6624
It appears the water was shut offduring the evenings between November 2-3 and 3-4, but
othenrise, the leak has continued unabated based upon water meter readings. Id. at\29.
Pursuant to Rules and Regulations, Article II, Section 4(e), Sunnyside prohibits the
discharge of unusual or exccssive volume of flow or concentration of wastes. /d. at !f30.
Pursuant to the Third Party Beneficiary Utility Agreement, recorded as Bonneville County
Instrument No. 127291 l, Section 4, "[Sunnyside] shall have the right to insall on the premises of
each of the individual buildings, and other improvements a water meter to be maintained by
[Sunnyside] through which all water supplied to the consumer shall pass and to which [Sunnyside]
shall have ascess at reasonable times for the purpose of taking meter readings and keeping said
meters in repair." Id. atl32.
On December20,202l, Sorrells filed Respondent's Motion to Dismiss.
On February 24, this Court heard oral argument on Respondent's Motion to Dismiss and,
following the hearing, took the mster under advisement to issue a written decision in this matter
in due coursc.
STANDARD OF REVIEW
A l2(bX6) motion looks only at the pleadings to determine whether a claim for relief has
been stated. Taylorv. McNichols, 149 Idaho 826, 833,243P.3d642,649 (2010). "The issue is
not whether the plaintiffwill ultimately prevail, but whether ttre party is entitled to offer evidence
to support the claims." ABC Agra, LLC v. Critical Access Grp., lnc., 156 ldaho 781,783,331 P.3d
523,525 (2014). "A motion to dismiss for failure to state a claim should not be granted unless it
appears beyond doubt that the plaintiffcan prove no set of facts in support of his claim that would
Page 7 of l6
Memorandum Decision
Case No. CV10-21-6624
entitle the plaimiffto relief." Clarkv. Jones Gledhill Fuhrman Gourley, P.A.,163ldaho 2l 5,220,
409 P.3d 79s, 800 (20t7).
"The grounds for a Rule l2(bx6) dismissal comprise only the pleadings and no more."
Toylor, 149 ldaho 833. "Idaho Rules of Civil Procedure Rule 8 requires a complaint to contain a
short and plain statement of the claim showing that the pleader is entitled to rclief." Idoho Wool
Growers Ass'n, Inc. v. State, 154 Idaho 716, 720,302 P.3d 341 ,345 (2012). Further, the District
Court draws all reasonable inferences in favor of the non-moving party. Id. Therefore, "[u]nder
Rule l2(bX6), after viewing all facts and inferences from the record in favor of the non-moving
party, the Court will ask whether a claim for relief has been stated. Munden v. Bannock Cry., No.
47978,202?WL 386057, at *6 (Idaho Feb. 9, 2022). "Dismissal for failure to state a claim should
not be granted unless it appears beyond doubt that the plaintiffcan prove no set of facts in support
of his claim that would entitle him to relief." Id.
Pertaining to the underlying Petition, "[a] declaratory judgment can only be rendered
in a case where an actual or justiciable conroversy exists." Haruis v- Cassia Cty., 106 ldaho 5 1 3,
516,681 P.2d 988, 991 (1984). "A justiciable controversy must be a real and substantial
controversy admitting of specific reliefthrough a decree of a conclusive charactcr, as distinguished
ftom an opinion advising what the law would be upon a hypothetical state of facts. Ada Cty.
Higlruay Dist. v. Idaho Pub. Utilities Comm'n, I 5 I tdaho I , 4, 253 P.3d 675, 678 (201I ). "ldaho
has adopted the constitutionally based federaljusticiability sundard." Paslay v. A&B lrrigation
Dist., 162ldaho 866,869,406 P.3d 878. 881 (2017). "Standing is an essential element of a
justiciable claim [and] requires (l) a distinct injury in fact, (2) fairly traceable to the conduct from
which a plaintiffsceks relief, and (3) a substantial likelihood that the requested relief will remedy
Page 8 of l6
Memorandum Decision
Case No. CVl0-21-6624
or prevent the injury." /d. Further, "[t]he controversy must be definite and concrcte, touching the
legal relations of parties having adverse legal interests." Harris, 106 Idaho 5 I 6.
Under ldaho Admin. Code r. 3l .21.01 .009, the Public Utilities Commission "reserves the
authority to issue orders interpreting these rules and utility tariffs and resolving formal
complaints."
In reaching its decision on a motion to dismiss, the court does not consider the total record
in the underlying matter before it; instead, considering only the pleadings of the immediate
concerning matter. If the court were to consider the record in its totality, it would engage in a
summary judgment analysis instead of analysis under Rule l2(bX6). Paslay v. A&B lrrigation
Dist., 162ldaho 866, 872,406 P.3d 878, 884 (2017). "A court can dismiss an action under Rule
l2(bx6) if it considers only the complaint, despite whether a party has submitted additional
materials to the record." ^Id.
Sorrells furttrer pleads an affirmative defense under ldaho Rule of Civil Procedure
l2OXl), asserting that this Court does not have subject matter jurisdiction over mattem involving
a public water utility. "Jurisdiction over the subject matter is the right of the court to exercise
judicial power over that class of cases: not the particular case before it, but rather the abstract
power to try a case of the kind or character of the one pending; and not whether the particular case
is one that presents a cause of action, or under the particular facts is triable before the court in
which it is pending, because of some of the inherent facts that exist and may be developed during
tial. Troupisv. Summer, 148 tdaho 77,79-80,218 P.3d 1138, I l4Hl (2009). Article V, $ 20
of the ldaho Constitution provides that the district court shall have originaljurisdiction to hear all
cases, both at law and in equity. Bach v. Miller,l44 ldaho 142,145,158 P.3d 305, 308 (2007).
Dis6ict Courts in ldaho have adopted a presumption that District Courts are courts of general
Page 9 of l6
Memorandum Decision
Case No. CVl0-?l-6624
jurisdiction and therpfore "have subject matter jurisdiction unless a party can show
othenvise."Troupis,l4S ldaho 80. (citing Borah v. McCandless, 147 ldaho 73,78,205 P.3d 1209.
r2r4 (2009)).
ANALYSIS
Sunnyside's Petition includes a prayer for relief on two primary issues. First,
Sunnyside requests the Court for a Declaratory Judgment "[d]eclaring that Sorrells is a
persistent and continued violator of the Rules and Regulations applicable to the subject
property." Petilion at 9. Further, Sunnvside prays for a Declaratory Judgment from this
Court"[d]eclaringthat Sorrells is in violation of IDAPA 31.21.01 .602.01, by reason of
his interference with [Sunnyside]'s access to [Sunnyside]'s water meter and by his
willfully wasting water provided by [Sunnyside]}' Id.
In response, Sorrells articulates affirmative defenses to the underlying Petition for
Declaratory Judgment wherein he motions to dismiss the Petition in its entirety through
the application ofaffirmative defenses. Sorrells'affirmative defenses have a basis arising
from and existing within Idaho Rule of Civil Procedure l2(b) and center around
Sunnyside's choice not to seek adminisrative remedies through the Idaho Public Utilities
Commission (IPUC) before seeking a Declaratory Judgment by this Court. The first
affirmative defense relies on this Court not having subject-matter jurisdiction, and the
second affirmative defense for Sunnyside's failure to state a claim upon which relief can
be granted,
In response to Sorells' Motion to Dismiss, Sunnyside principally argues that the
duty to exhaust all administrative remedies does not apply in this circumstance.
Page l0 of 16
Memorandum Decision
Case No. CVl0-21-6624
Sunnyside further argues tlat exhaustion of administrative remedies requires a
precipitating agency action and that in the underlying matter, there has not been a
precipitating action on the part of any agency or commission.
This Court will take up the dismissal of Sunnyside's principal prayers for relief separately
below.
1. SI'NNYSIDE PROVIDED SUFFICIENT PLEADTNGS WHEREBY
PLAINTIFF MAY YET PROVE A SET OF FACTS IN SUPPORT OF ITS
CLAIM THAT WOULD ENTITLE IT TO RELIEF.
In its Petition, Sunnyside seeks a Declaratory Judgment declaring Sorells a persistent and
continuing violator of the Sunnyside Park Utility Rules and Regulations applicable to the subject
property. Thereby, this Court must determine if the District Court has subject matter jurisdiction
over these matterc and whether Sunnyside's Petition sufficiently stated a claim upon which rclief
might be granted. "Gencrally, in determining whether to grant a declaratory judgment, the criteria
is whether it will clariS and settle the legal relations at issue, and whether such declaration will
afford a leavc from uncertainty and controversy giving rise to the proceeding." Sclneider v. Howe,
142 Idaho 767,773,133 P.3d 1232,1238 (2006).
Nevertheless, in a motion to dismiss under Idaho Rule of Civil Procedure l2(b), the Court
may only consider the pleadings before the Court. It may not consider extrinsic evidence or the
entirety of the underlying record in the matter and must draw all inferences in favor of the non-
moving party. Therefore, the issue for the Court at this stage is whether it appears beyond a doubt
that Sunnyside can prcve no set of facts in support of its claim that would entitle Sunnysidc to
relief based solely upon the facial analysis of the pleadings before the Court. Further, through its
Petition for Declaratory Judgment, Sunnyside's pleadings must sufficiently support a justiciable
Page ll of16
Memorandum Decision
Case No. CVl0-Zl-6624
controversy that must be definite and concrete, touching the legal relations of parties having
adverse legal interests. This provides Sunnyside, as the Petitioner, with a relatively low
requirement to survive Sonells' Motion to Dismiss the Petition.
Here, Sunnyside alleges that Sorrells is a "persistent and continuing violator of the Rules
and Regulations applicable to the subject property." Petition at 9. In its Petition, Sunnyside
Presents multiple claims of Sorrells violating the Rules and Regulations of the subject property.
Petition at 1lfl 3l-36. The Court finds Sunnyside has provided pleadings that address a justiciable
contrcvemy of concrete happenings and not simply the possibility of a hypothetical occurrence
rcgarding violations of the Rules and Regulations of the subject property.
The Court further finds that the pleadings touch upon the relation of the parties having
adverse legal interests. Hert, Sunnyside is the public water utility, and Sorrells is the commercial
water customer. If Sunnyside can present further evidence in a later hearing to whereby prove the
allegations upon which it will be entitled to relief, that relief will be directly adverse to the legal
interests of Sorrells as a commercial customer in that Sunnyside desires to terminate utility services
to Sorrells buildings and places of business.
In drawing all inferences in favor of the non-moving parly, it is the findings of this Court
that, at this stage of the litigation, Sunnyside has pmvided suflicient pleadings to show that there
exists the possibility that Sunnyside may present further facts and evidence suflicient to prove the
support of its claim for persistent violations of the Sunnyside Park Utility Rules and Regulations.
The District Court is a court of general jurisdiction and therefore "maintains a presumption that it
has subject matterjurisdiction unless a party can show otherwise." Troupis, 148 ldaho 80. Here,
the alleged violation is based upon the Sunnyside Park Utility Rules and Regulations and is not
based on ldaho Administrative Rules. Therefore, it is the finding of this Court that Sorrells'
Page l2 of l6
Memorandum Decision
Case No. CV10-21-6624
Motion to Dismiss is Denied in part as it pertains to Sunnyside's first enumerated prayer for relief
conceming Sonells being a "persistent and continuing violator of the [Sunnyside Park Utilities]
Rules and Regulations pertaining to the subject property.o' Petition at9.
2. IDAHO PUBLIC UTILITIES COMMISSION RETATNS ORIGINAL
JURISDICTION OVER TNTERPRETING RULES AND RESOLVTNG
FORMAL COMPLAINTS WHEREIN IDAHO WATER
CORPORATIONS ARE CONCERNED.
The second issue in Sunnyside's prayer concerns Sorrells' violation of applicable
Idaho Administrative Code provisions. As argued in Sorrells' Motion to Dismiss, the
concerning issue is whether the District Court has subject-matter jurisdiction over the
enforcement of the alleged violations ofthe Idaho Adminisnative Code provisions listed
in Sunnysidc's Petition and Sorrells' Motion.
Under Idaho Code $ 6l-125, "[t]he term water corporation when used in this act includes
every corporation or person, their lessees, trust€es, receivers or trustees, appointed by any court
whatsoever, owning, controlling, operating or managing any water system for compensation
within this state." Further, under ldaho Code Ann. $ 6l-I29, "[t]he term public utility when
used in this act includes every common carrier, pipeline corporation, gas corporation, electrical
corporation, telephone corporation and water corporation, as those tenns are defined in this
chapter, and each thereofis hereby declared to be a public ufiility and to be subject to the
jurisdiction, control and regulation of the commission and to the provisions of this act." Finally,
under Idaho Admin. Code r. 31.21.01.009, "[t]he Commission reserves the authority to
issue orders interpreting these rules and utility tariffs, and resolving formal complaints."
Page l3 of 16
Memorandum Decision
Case No. CYl0-21-6624
Sunnyside prays the Court for Declaratory Judgment "declaring that Sonells is in
violation of ldaho Admin Code r.31.21.01.602.01, by reason of his interference with
Sunnyside's access to Sunnyside's water meter and by his willfully wasting water provided by
Sunnyside.
It is undisputed between the parties that Sunnyside is a water corporation incorporated
within and under the statutes of the state of ldaho. Under ldaho provisions, all water
corporations incorporated in ldaho are declared to be public utilities and therefore subject to the
'Jurisdiction, control and rcgulation of the [IPUC] and to the provisions of this act." I.C. $ 6l-
129. Further, the [[PUC] specifically r€serves the authority to issue orders interpreting rules
pertaining to public utilities and therein resolving formal complaints. ldaho Admin Code r.
31.21.01 .009. Sunnyside is a water corporation and therefore operation as a public utility and is
subject to the original subject matter ofjurisdiction of the IPUC.
Therefore, in the mater concerning whether Sunnyside is in Violation of Idaho Admin
Code r. 3 I .2 I .0 I .602.0 I , it is the frnding of this Court that the Distict Court does not have
subject matter jurisdiction over this matter and that the IPUC specifically reserryes and therein
rctains the authority in this matter to reach a final judgment in the matter. Consistent with the
findings of this Courq Sorrells' Motion to Dismiss for lack of subject matter jurisdiction is
therEfore GRANTED in part pursuant to ldaho Rules of Civil Procedure l2(bxl).
Page 14 of 16
tYlemoruduri Ddsioh
GoooNo. CVl&'?l{6?4
CIONCI,UfrIO}{
fffiREBY; i1fu fip tinaiaBsf tlo Cqrtlhs Ed llsf Motion 6 Dismiss is CIRANIED iD
pffi and DENIED in fr,t smeisffi n'ilh fildirys ofthls colut 6b,qvc.
IT IS SO CINDEREI}.
11,ficd rlb f.:dpy oflr!rch ZM,.
B$EB L Pis-@t
HfiictJlv&3
kgn lSof 16
Memorandum Decision
Case No. CVlU2l.6624
CERTIFICATE OF SERVICE
I HEREBY CERTIFY thaton March 2 2022, the foregoing MEMORANDUM
DECISION was entered, and a true and correct copy was served upon the parties listed below by
mailing, with the concct postago thereon, or by causing the same to be dclivered to their
courthouse boxes
Counsel for PETITIONER:Counsel for RESPONDENT:
Mark R. Fuller, ISB No. 2698
fu I lerurdbeck@gmai l.com
Paul B. Rippel,ISB No.2762
paulri ppel @hopkinsroden.com
Austin O. Allen, ISB No. 10076
austinal [e-mail]
Penny Manning
Clerk ofthe Disuict Court
Bonneville County, Idaho
By
Deputy Clerk
Page l6 of l6
EXH!BlT K
08-MAR-2022 0429 R{From:2085234474 PryI/2
HOPKINS RODEN CROCKETT HANSEN & HOOPES, PLLC
sEwlr.Dtt FRTNCH(194!.'9t4)1€Oc SruscERtl94l-198.1)$1rusa EENJ^M'N(1919-19991
March 8,2022
PAIIL B, RTPPET
E-MAlt- gr,.r r 1: 1 rg i J].l;r5r! r1:,1,.|r'.ir " sfr
Mark Fuller
FULLER & BECK LAW OFFICES, PLLC
410 Memorial Drive, Ste.20l
P.O. Box 50935
Idaho Falls, ID 83405
Re: March 3,2022 Letter of Intention to Terminate Services
Dear Mark:
We have received your letter dated March3,2022, to our client, Donald Sorrells,
regarding Sunnyside Park Utilities' intention to tenninate water services to the property
at 3887 S. American Way, Idaho Falls, ID 83402. The letter identified the grounds for
tennination of services as alleged violations of TDAPA 3 I .2 I .01 .300 et seq. As you
recall, the Court dismissed your client's request for declaratory judgfnent relating to
IDAPA and found such interpretations and detenninations within the original jurisdiction
of the IPUC. However, upon confening with the IPUC earlier today, it has been made
lurown to us that IPUC interprets the aforementioned rules and regulations as not
applicable to SPU, and that IPUC deeurs SPU a "nonregulated utility." It is our
understanding that IPUC has informed you of this position as well,
Given the above, we do not believe that alleged violations of IDAPA 3 I .21 .01.300
et seq, constitute grounds for termination of services. Termination of water services must
be detennined against SPU's own rules and regulations. We therefore read your March 3,
2022letter as notice of intent to tenninate services pursuant to SPU's own rules and
regulations. The issue of whether Mr. Sorrells is a "persistenl and continuing violator" of
SPU's rules and regulations is pending before the Court. We therefore rcquest that your
client agree not to terminate watet or sewer services to the subject property until the
r2t pARt( AvrNuD . ?.0. aox 5ll19. tD^ro FAt.Ls, llr .t]d05-ttn
(200) 32!-.4{rr FAx (r0l) 52}{tl?{.\r,rr\D.}IOtXTNSRODEt{.COM
t$ urtll tait{oar. P0 aor luo lo$[, l0 a!r0!.trr0. {ro!1.r5.?9r.rd leott 33611r.. uvrur.)torflittog0{.cou
08{r,lAR.2@ O43O Pi,l Fffrfri5P,S4r74(
Mark Fuller
March 8,2022
Pagc - 2
Court has entcrod a judgment in this matter. Please indicate whether your clieot will
agree to not terminate services by no later than noon tomorow, March 912022.|f we
have not heard from you by thc aforementioned time we will be forced to seek a
temporary restraining order to maintain the stahrs quo during the course of litigation. We
believe it is mutually and financially beneficial to agree to witlrhold terminating services
without getting the Court involved.
I look forward to your prompt attention to this matter.
Very truly yours,
?'**'IP,,"j
Paul B. Rippel
,rtt ?Arx AYElruf,. tlr^Ho FALLS, rD.r]r0$Iil,
G0!) 32t{a{3l tAX eel) 56raa7a.}l\f,1r'.lloPXtt{Sf,ODEItCOM
tatUErlr.f,Oo(. F0aor( l[0ao,I|. OllrornlrA E0al Ba-rt]o.t^r[t|.Cl tt&,r3..r*wJ€xffiao0tl{ao$
wzn(
EXHIBIT L
Doyle Beck
!nvoice
813l2L
Jon Gregory
PO Box L296
Blackfoot, lD 83221"
209.709.6337
Don Sonells Projet
3887 S. American Way
Meter plt and fittings
Flange meter
Paid in full
s 2,219.93
S 246.32
S 2,965.15