This is Part Two of Idaho Freedom Foundation’s investigation into the city, so please read Part One HERE.
The City of Lava Hot Springs is in the hot seat once again.
Mayor Vicky Lyon cast the deciding vote in a motion to sign a sewer extension agreement for new campsites in early 2025 — but a resident alleged to Idaho Freedom Foundation (IFF) that the project ultimately affected a public road he uses to access his property.
Documents from the surveyor claim Fish Creek Road is vacated, but part-time resident Jonathan White alleged to IFF that characterization is inaccurate and was never corrected despite repeated requests.
The City Council previously voted to sign a sewer extension agreement with K & A Camping, the City of Lava Hot Springs, and the Lava Hot Springs Foundation (a state entity), according to meeting minutes from February 13, 2025. The city made a $100,000 commitment to the project.
The sewer system, running east along U.S. Highway 30, was implemented to facilitate the “connection of 27 new RV campsites to the city sewer,” according to a December 2024 memo obtained by IFF through a records request.
IFF previously exposed how the city failed to conduct annual audits and report data to the State Controller’s Office over several years, raising questions about how the city spends its funds.
IFF also experienced difficulties obtaining certain records from the city.
So, why the lack of transparency?
DISCLOSURE: IFF reached out to the City of Lava Hot Springs city clerk, City Hall, and Mayor Vicky Lyon. On September 21, City Clerk/Treasurer Amantha Sierra provided answers on behalf of the city, which are detailed throughout this article. On September 30, however, Sierra sent new responses to IFF, which contain far less information. These answers will be detailed in a subsequent article, along with a phone call IFF had with a former City Council member who voted in favor of the sewer extension agreement.
Jonathan White alleged to IFF the project’s developer incorrectly characterized the disputed part of Fish Creek Road as vacated. White further alleged he received no notice of the vacation. Images obtained by IFF show a campsite with trailers just paces away from the residence, and other photos from fall of 2025 show construction sites, porta potties, and additional vehicles near the property.
“Fish Creek Haven has always represented something much more than a piece of property. It has been a place where I could find peace, privacy, freedom, and a connection to the land,” Jonathan White told IFF in a statement. “Over time, the decisions and developments surrounding the KOA extension have changed that experience for me. I have watched the character of the area change while feeling increasingly powerless to protect the quiet enjoyment, access, privacy, and sense of security that I believed came with owning and caring for my property.”
“What has been especially difficult is the feeling that decisions with significant consequences for surrounding property owners may have been made through processes that I did not fully understand, have not felt adequately included in, or believe deserve closer public scrutiny,” he continued.
Jonathan’s father, Don White, alleged to IFF the campground is within 80 feet of the property and no physical barriers were required to issue the permits for the KOA East expansion project. Lava Hot Springs Ordinance 2010-1 stipulates that if the boundary is not at least 80 feet from a permanent residential building, then there must be a “natural or artificial barrier.” Ordinance 2010-1 also mandates that if a permit was granted based on inaccurate information, the city can then suspend or rescind the permit.
A letter from the surveyor, Sunrise Engineering, claimed the “north and east sides [of the development property] are protected by natural vegetation,” according to documents obtained by IFF through a public records request. The document, based on IFF’s review, neglects to mention Jonathan White’s residence, which sits on the northern boundary of Fish Creek Road.
(Sunrise Engineering used the term “access road” in documents obtained by IFF, while the Whites have characterized Fish Creek Road as a “public right-of-way.”)
The Sunrise Engineering letter was addressed to Rodney Burch, who documents show was acting as the city’s planner. Burch wrote the aforementioned December memo, which includes a financial analysis of the sewer extension. He asserted the city’s commitment of $100,000 “would repay the investment in 6 years.”
Burch does not appear to be a Lava Hot Springs city employee, but rather the executive director of an Idaho nonprofit corporation, Strategic Communities Alliance (SCA). He is also mayor of Chubbuck, Idaho, another city in Bannock County.
IFF emailed Burch’s SCA email and asked if he and/or the nonprofit had a conflict of interest with the project or K & A Camping. IFF then forwarded the inquiry to Burch’s Chubbuck mayoral email but has not heard back as of publication.
Twelve of the hookups for the campground are within the disputed part of Fish Creek Road, according to a site plan reviewed by IFF and obtained by the Whites. While the plan was initially slated for 27 campsites, Don White told IFF one of the sites was eventually eliminated, making it 26.
The dispute centers on whether the road was legitimately vacated — and whether officials followed procedural vacation rules.
“The portion of Fish Creek Road that goes through the proposed campground is only used as an access road to the existing hydro plant and has been vacated,” Sunrise Engineering’s Traffic Impact Analysis claimed. (The hydro plant will be detailed in Part Three of IFF’s investigation.)
Idaho code § 40-203 lays out the procedure for vacating a public road right-of-way. Commissioners may declare intent to vacate by resolution and/or a resident may petition commissioners for vacation. Commissioners must give public notice and hold a public hearing, and the vacation must be formally recorded with the county.
Section 40-203 does, however, say that in certain cases, a highway or public right-of-way can be determined abandoned if it “has not been used by the public and has not been maintained at the expense of the public in at least three (3) years during the previous fifteen (15) years.” That is not the only requirement for abandonment, though, according to the law.
In response to IFF’s public records request, Bannock County confirmed it could not locate a petition to vacate Fish Creek Road. IFF obtained commissioner meeting minutes from Bannock County referencing Fish Creek Road, but the most recent documents IFF reviewed appear to be from 1990. A Bannock County official confirmed to IFF she could not find documents regarding the road and/or its vacation from the past five years.
“I don’t [sic] find any records to vacate or that Fish Creek Road has been before the Commission,” the official wrote in an email.
A February 2025 Sunrise Engineering survey obtained by IFF claimed the disputed part of Fish Creek Road was “vacated.”
The Whites allege the surveyor with Sunrise Engineering, Matt Baker, admitted during a November 6, 2025, meeting that labeling the road as vacated was “a mistake.”
“Matt pulled back his chair, and looked at me and said, ‘It was a mistake. And we’re going to correct it,’” Don White said. IFF reached out to a phone number for Baker but has not received a response as of publication. IFF could not independently verify that the meeting took place.
But, according to the Whites, that correction didn’t happen.
Don White followed up with Baker, according to a copy of a February 2, 2026, letter obtained by IFF demanding a corrected survey.
So, Sunrise Engineering issued another survey that same month. The new survey still labels a portion of Fish Creek Road as vacated, but now cites Idaho Code § 40-203 as purported evidence. It also claims the road has not been maintained. Don White asserted to IFF Sunrise Engineering did not respond to his demand letter.
IFF emailed Sunrise Engineering and a project engineer for comment on the surveys but has not heard back as of publication. A Lava Hot Springs official told IFF the city is “unaware of any allegations against Sunrise Engineering.”
“We understand that the adjoining property owner disagrees with Sunrise Engineering’s representation of the road as being vacated,” City Clerk Amantha Sierra told IFF. “The City has no authority over, nor does it exercise any regulatory function associated with private property surveys.”
Sierra added the survey was not requested or commissioned by the City of Lava Hot Springs.
Lava Hot Springs Foundation meeting minutes from April 18, 2025, indicate the “expansion lease amendment survey” went through the Idaho Attorney General’s (AG’s) Office. In previous minutes from January 2025, the Foundation said the developer was working with “CEM hydro” (which appears to stand for Commercial Energy Management, Inc.) “on their easement with the new construction of the leased extension property… They have a rough draft to send to the Attorney General for oversight-approval.”
IFF submitted a records request to the AG’s Office for records regarding the sewer extension and records concerning oversight-approval of the KOA East extension project. The office denied IFF’s request, citing attorney-client privilege and attorney work product. The AG’s Office did not confirm whether oversight-approval was granted.
The Sunrise Engineering surveys were prepared for Kody Tillotson, who is the registered agent for K & A Camping, LLC, according to the Idaho Secretary of State’s Office (SOS). IFF reached out to a phone number for Kody Tillotson for comment on the survey but has not heard back as of publication.
IFF obtained invoices from the city linking KT Excavation to the project.
Idaho Transportation Department documents, dated March 2025, obtained through a public records request list Kit Tillotson as the company’s contact, and a background report for Kody Tillotson identifies Kit as a potential sibling. However, Kristopher (Kris) Lyon is listed as the registered agent of KT Excavation, LLC, in the SOS records, as of writing. Documents show he was appointed in April 2025.
KT Excavation, LLC, was listed as active-existing until August 21, 2026; it was listed as inactive-dissolved until September 18. It had previously been listed as inactive-dissolved in August 2025, SOS records show.
Interestingly, a company named “KTX 83246 LLC” filed with the SOS on March 29, 2025, after the Council approved signing the sewer extension agreement in February. SOS records show Kris Lyon is the registered agent under KTX 83246 LLC, while Victor Lyon is listed on the principal address. The address for KTX 83246 LLC is the same principal address as KT Excavation, although the latter’s address includes a four-digit extension to the ZIP code.
Victor Lyon, from a KTX 83246 LLC email, told IFF he and his brother own KT Excavation.
“Our status with SOS is current. KT Excavation is the correct account registered to our company. Annual report was filed under KTX83246 in error. KT Excavation was updated and is current,” he told IFF in a statement.
Sierra confirmed to IFF Kris and Victor Lyon are Mayor Vicky Lyon’s sons. Sierra told IFF she could not answer IFF’s question about whether the mayor’s sons were involved in the project.
“I do not have personal knowledge of their involvement with the company or the project and therefore cannot answer that question,” she said. “I also cannot verify their involvement based on the City records I have reviewed.”
(In Sierra’s new responses, she declined to answer IFF’s questions about the mayor’s sons. These answers will be detailed in a subsequent article.)
IFF asked the City of Lava Hot Springs to confirm which excavation company was used for the KOA East project.
“The City participated as a financial partner with Kody Tillotson in his project to install a public wastewater infrastructure extension to the KOA East project,” Sierra told IFF. “The City was not involved with, nor did it have any input, recommendation, selection, or oversight regarding the contractors Mr. Tillotson hired for his project.”
A meeting agenda from April 2025 includes a new business license application for “KT Excavation – Kris & Victor Lyon.” IFF requested the transcript for that April 10, 2025, meeting. According to Idaho’s Open Meeting Law, “a full transcript [or] a recording of the meeting” is not mandated unless “otherwise provided by law.” Potentially, the city does not possess a transcript of that April 10 meeting, although the city has provided IFF with transcripts for other meetings. IFF has not verified whether Lava Hot Springs is in possession of a transcript or recording of that April meeting.
The email under KT Excavation’s Public Works Contractor license is a KTX 83246 LLC email, according to the Idaho Division of Occupational and Professional Licenses (DOPL). The website states KT Excavation’s general contractor registration was originally issued in March 2009. The website search also returned a Public Works Contractor – Class B License, originally issued in April 2009. However, a search for KTX 83246 LLC turns up no license as of writing.
Sierra said the mayor is not — and has not been previously — an employee or owner of KTX 83246 or KT Excavation.
IFF reached out to a KTX 83246 email for comment on the status of its contractor license. But before Victor Lyon replied, IFF received an email from Mayor Vicky Lyon — from that KTX 83246 email address.
She told IFF the company was registered under KT Excavation, LLC and not KTX 83246. IFF had also requested comment on KT Excavation’s then-inactive status on September 17 — one day before SOS records show Kristopher Lyon applied for KT Excavation, LLC’s reinstatement.
IFF put in a public records request on July 21 for documents regarding the sewer project, including records concerning KTX 83246. Nine days later, Sierra provided IFF with nine attachments but did not appear to include records on KTX 83246.
IFF submitted another request on August 5 requesting transcripts for three City Council meetings, records concerning KTX 83246, along with certain invoices concerning the KOA East project. Five days later, IFF followed up on the request after receiving no response. On August 18, IFF followed up again but did not hear back. The city also did not respond within three working days to request additional time.
When asked for comment on the city’s noncompliance, Sierra initially told IFF she believed the city was compliant and pointed to her response to IFF’s July submission.
“The City strives to comply with its obligations under Idaho’s public records laws and has responded to your public records requests by providing the responsive records located by the City,” Sierra told IFF.
IFF forwarded the August submission to Sierra on September 22.
“I apologize, but I did not see your August 5 public records request or your follow-up emails at the time they were sent,” she told IFF. “During that period, I was handling the City’s budget process and training three new part-time employees while serving as the only full-time office employee. Thank you for forwarding the request again. I am reviewing it now and will follow up regarding the responsive records.”
IFF received five records on September 25, three days after IFF attended Governor Brad Little’s “Capital for the Day” in Lava Hot Springs. IFF did not receive records concerning KTX 83246, and Sierra requested a timeline for that specific request; IFF reiterated the timeline on September 25.
Idaho public records law requires that if the requester is an Idaho resident, the agency or custodian must respond within three working days, either granting or denying the request. If in need of more time, the agency or custodian must notify the requester and provide the records within ten working days.
What will Attorney General Raúl Labrador make of the city’s noncompliance? The late response could genuinely have been because the city is understaffed; remember, Lava Hot Springs has roughly 400 residents. IFF previously raised concerns about the city’s transparency, and its handling of public records requests is yet another example.
IFF, in July, requested records concerning the bidding process from Lava Hot Springs, but Sierra said there are no such records.
“With respect to your request for records concerning the bids/bidding process for the sewer extension project, the City has no records responsive to a City bidding process,” the clerk wrote. “This was not a City public works project subject to the City's bidding procedures. The sewer extension was constructed by K & A Camping, a private business leasing the property from the Lava Hot Springs Foundation, pursuant to the Sewer Extension Agreement. The City does not maintain records of a City bidding process for this project.”
An agreement signed February 13, 2025, and obtained by IFF shows the Foundation committed to funding one-third of the design and construction costs, or $150,000. The document also states the Foundation leases some property to Kody Tillotson’s K & A Camping.
Foundation Executive Director Tyson Koester, however, confirmed to IFF the Foundation gave K & A Camping a credit.
“The Foundation did not contribute money directly,” he said. “The lease is long-term, and the Board agreed with the lessee to prorate and credit $150,000 over the term of the lease in consideration of improvements to State property.”
“The final agreements reflecting those terms are not yet complete because the expansion is still wrapping up a few outstanding items, and the final amendment has not yet been finalized,” he continued.
IFF asked the City of Lava Hot Springs what it would like the public to know about the KOA East project.
“As was discussed at the time, at some length and in more than one public City Council meeting, the City’s decision to financially participate in Mr. Tillotson’s extension of public wastewater infrastructure to his KOA East project was based on two key components,” Sierra told IFF. “First, the project allowed for the extension of public infrastructure through a public-private partnership, where most of the cost was borne by the private entity, thereby greatly reducing the use of public funds for the public infrastructure extension.”
“Second, the financial analysis indicated that the City’s contribution would be repaid over approximately five years. This repayment is based on the user fees associated with the KOA East development. After the City’s initial contribution is repaid, the additional user fees generated from the project will help the City improve its aging wastewater system throughout the City,” Sierra’s statement concluded.
Burch’s December, 2024, memo said the contribution would be repaid in six years.
Jonathan White told IFF he wants transparency and accountability.
“To me, this represents something much larger than the KOA extension itself. It is about whether an individual property owner can reasonably expect their property rights, access, privacy, and peaceful enjoyment to be respected when powerful private interests and local government decisions intersect,” he told IFF.
“I want transparency, accountability, and a fair examination of what happened. Most importantly, I want the opportunity to have my concerns heard on their merits and to know that the same rules and protections that apply to everyone else also apply to me,” his statement concluded.
Speaking of transparency, IFF’s next article will detail the city’s new, and far less informative, answers to our questions.
IFF will continue investigating local governments and ensuring transparency. Idahoans may submit tips about their counties and cities HERE.
