HomeMy WebLinkAboutMelanie Pinney Notice of Protest and Objection - LID 54 (T-Rex Properties)
BRADLEY D. VANDENDRIES TELEPHONE: (208) 344-8535
bvandendries@eberle.com ATTORNEYS AND COUNSELORS AT LAW FACSIMILE: (208) 344-8542
EST. 1903
EBERLE, BERLIN, K ADING, T URNBOW & MCKLVEEN, CHTD
BOISE PLAZA ● 1111 W. JEFFERSON STREET, SUITE 530 ● POST OFFICE BOX 1368 ● BOISE, IDAHO 83701
WWW.EBERLEBERLIN.COM
WITH ATTORNEYS LICENSED IN IDAHO, UTAH, WASHINGTON AND OREGON
March 18, 2026
VIA EMAIL to clerk@rexburg.org Ms. Deborah Lovejoy, City Clerk City of Rexburg, Idaho
35 North 1st East Rexburg, Idaho 83440 VIA EMAIL to joelg@rexburg.org Joel Gray, Engineer
City of Rexburg, Idaho Post Office Box 280 Rexburg, Idaho 83440 VIA EMAIL TO noah.phethean@rexburg.org
Noah Phethean, Finance City of Rexburg, Idaho Post Office Box 280 Rexburg, Idaho 83440
Re: Proposed L.I.D. No. 54 – Items #71 and #72
16 W. 1st Street, Rexburg, Idaho 32 W. 1st Street S, Rexburg, Idaho T-Rex Properties LLC
NOTICE OF PROTEST AND OBJECTION TO CREATION OF LID NO. 54 To Whom It May Concern:
This law firm represents the legal interests of T-Rex Properties, LLC (the “Owner”), with respect to the real property located at 16 W. 1st S, Rexburg, Idaho 83440, and 32 W. 1st S, Rexburg, Idaho 83440 (the “Properties”).
On behalf of the Owner, please consider this letter their formal notice of protest and objection to the creation of L.I.D. No. 54, as well as the manner of assessment and inclusion of the above-referenced properties in the creation of L.I.D. No. 54. Owner’s objections include, but are not limited to the following issues:
March 18, 2025
Page 2 _____________________________ Purpose, Necessity, and Objectives.
The Notice of Hearing on Creation of Local Improvement District Number 54 (“Notice”) is vague as to the purpose and necessity of creating such L.I.D. 54. The purpose of creating L.I.D. 54, while not defined, appears only to be for construction of certain “Improvements.” The “Improvements” are quite broadly defined as:
[I]nstallation and/or replacement of streets, curbs, gutters, sidewalks, driveway approaches, water lines, sanitary sewer lines, storm sewar lines, retaining walls and other improvements as necessary, together with related improvements and costs of engineering, legal services, publication, interest
on borrowed funds during construction, bod issuance costs and reserves, and other related expenses. The necessity of such “Improvements” is not specified or discussed in the Notice, and the Notice does not identify or specify the “objectives” sought to be achieved by creation of the
proposed L.I.D. 54. Additionally, Idaho Code § 50-1709 provides, in part: The city council or board of county commissioners shall also evaluate the necessity or desirability of the proposed district, and shall take into consideration the creation of the proposed local improvement district as it
relates to the following: (a) the health, safety and welfare of the residents of the proposed district, or of persons having the necessity to travel through the district; and (b) the financial impact of the creation and implementation of the objectives of the proposed district upon the property owners within the
proposed district, especially in light of projects recently undertaken or contemplated for the near future within the district. After its evaluation, the city council shall approve, modify or reject the proposal for the creation of a local improvement district for as much of the proposed district as is situated within the boundaries of the city, and the
board of county commissioners shall approve, modify or reject the proposal for the creation of a local improvement district for as much of the proposed district as is situated within the unincorporated portion of the county. The Notice, and other information concerning proposed L.I.D. 54 provided to Owner,
does not discuss or identify: (1) the desirability of the proposed L.I.D. 54; (2) the health, safety and welfare of the residents of the proposed district, or persons having the necessity to travel through the district; or (3) financial impact of the creation and implementation of the objectives of the proposed district upon the property owners within the proposed district.
Additionally, while the Notice identifies estimated costs for the Properties pursuant to Proposed L.I.D. No. 54—Items #71 and #72—the precise method for determination of Owner’s
March 18, 2025
Page 3 _____________________________ share of such costs is not particularly identified. Instead, Owner’s share of proposed estimated costs is left to “front foot method or a square foot method, or in proportion to the benefits
derived to such property by said improvements, or a combination thereof, subject to any variations there from to be determined by the Council.” Without such information, Owner respectfully requests that the City Council decline further evaluation the creation of L.I.D. 54, and terminate further consideration of L.I.D. 54.
Impact on Rexburg’s Economy. In addition to the reasons indicated above, Owner submits that it leases the majority of the space at the Properties to local businesses which contribute to the economy of the City of
Rexburg, Idaho. Many of Owner’s tenants have been long-time occupants of the Properties, are well known in the community, and contribute not insignificantly to the economy of the City of Rexburg. Under applicable leases, and in future leases to such tenants, the costs incurred by Owner
associated with proposed L.I.D. 54 may be required to be borne by Owner’s tenants. Owner respectfully submits that burdening local businesses in a falling economy with additional operational costs is unlikely to serve the economic interests of the City of Rexburg, Idaho. Owner does not wish to pass on such costs to its tenants, and requests that the City Council carefully weigh the economic impact of proposed L.I.D. 54 on local businesses in its
consideration of proposed L.I.D. 54. Based upon the foregoing (and additional information as may come to Owner’s attention and understanding concerning proposed L.I.D. 54), Owner respectfully requests that the City Council decline to proceed with the creation of L.I.D. 54, and reject further consideration of
L.I.D. 54 at the present time. If you have any questions, please feel free to contact me. Very truly yours,
Bradley D. VandenDries
BDV cc: Client 01382627.000