In the Matter of a Mail Dispute                                )
Between:                                                               )
                                                                               )
FRANKIE VALVO                                                   )
                                                                               )
and                                                                         )
                                                                               )
ROBERT L. POWELL                                              )
LENABELLE DAVIS and                                         )
TWIN PEAKS RANCH, INC.                                     )     P. S. Docket No. MD-191

APPEARANCE FOR
FRANKIE VALVO:                                                  Randy E. Thomas, Esq.
P.O. Box 717
Woodbridge, CA 95258-0717

ROBERT L. POWELL
LENABELLE DAVIS and
TWIN PEAKS RANCH, INC.:                                    Jordan P. Smith, Esq.
807 Main Street
Salmon, ID 83467-4316

INITIAL DECISION

The United States Postal Service Law Department, Western Area Office, Salt Lake City, Utah, has referred this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) § 153.72. The mail in dispute is that addressed to Twin Peaks Ranch or Twin Peaks Ranch, Inc., P.O. Box 951, Salmon, ID 83467-0951. Disputants Powell, Davis, and Twin Peaks Ranch, Inc., submitted a sworn statement as required by 39 C.F.R. § 965.5. Counsel for Disputant Valvo submitted an unsworn statement on his behalf. Each party has submitted a sworn statement in response to the initial submittal of the other. The following findings of fact are based on the submittals of the parties and on material forwarded by the Western Area Office.

FINDINGS OF FACT

1. In 1972, a corporation known as Salmon River Properties, Inc., purchased a property, apparently known as Twin Peaks Ranch, in the vicinity of Salmon, Idaho. (Statement on behalf of Disputants Powell, Davis, and Twin Peaks Ranch, Inc. ("Powell Statement"), para. 1 & Exhibit C; Declaration of Disputant Valvo ("Valvo Declaration")). The ranch had been operated as a cattle ranch since the 1920's although a guest (dude) ranch operation was conducted on the premises from time to time (id.). The record does not indicated whether a guest ranch operation was conducted on the premises between the time of its purchase by Salmon River Properties, Inc. and 1988.

2. In 1988, an oral agreement was entered into between Salmon River Properties, Inc., and Disputant Valvo under which Mr. Valvo was to operate a guest ranch business on the property under the name Twin Peaks Ranch (id.). In May 1988, Disputant Valvo applied for a post office box. In filling out the application, Mr. Valvo inserted "Twin Peaks Ranch" as the "Name to which box number is assigned" and his own name as the person making the application. Post Office Box 951, the disputed address, was assigned as a result of the application. (Powell Statement, Exhibit A).

3. In July 1988 an Idaho Sales Tax Sellers Permit was issued to "Frank J Valvo, DBA-Twin Peaks Ranch." In December 1988, Disputant Valvo was also issued an Idaho Guide License as a guide for Salmon River Properties, Inc., and an Idaho Outfitter License as the "D.A. [Designated Agent]" for Salmon River Properties, Inc. Disputant Valvo's address on both licenses was P.O. Box 951, Salmon, ID. (Valvo Declaration; Western Area Office submittal).

4. In October or November 1990, a corporation called Twin Peaks Ranch, Inc., was formed. Disputant Powell was listed as the sole incorporator and one of the initial directors of the new corporation. (Western Area Office submittal).

5. In May 1991, a State of Idaho Retail Alcohol Beverage License was issued to Disputant Valvo "DBA: TWIN PEAKS RANCH." (Id.).

6. In December 1991, the agreement under which Disputant Valvo operated the guest ranch was terminated (Powell Statement; Valvo Declaration). The guest ranch facilities were then leased to the new corporation, Twin Peaks Ranch, Inc. Mr. Valvo remained as an employee of the guest ranch until August 1992. Prior to termination of the agreement with Mr. Valvo, mail addressed to P.O. Box 951 was picked up by Mr. Valvo. After the termination, mail addressed to P.O. Box 951 was picked up by the new manager of the guest ranch and the mail addressed to Mr. Valvo was distributed to him. (Powell Statement). The record does not indicate what part, if any, Mr. Valvo played in the management of the guest ranch after December 1991.

7. In April 1992, Disputant Valvo was issued an Idaho Guide License and an Idaho Outfitter License in his own name - i.e., not as the designated agent for or representative of another party (see Finding 3, above). The address appearing on the licenses is P.O. Box 951 (Valvo Declaration).

CONCLUSIONS OF LAW

1. The name Twin Peaks Ranch, Inc., has not been used by Disputant Valvo in connection with his business, and there appears to be no dispute with respect to mail addressed to that corporation at P.O. Box 951. Accordingly, mail addressed to Twin Peaks Ranch, Inc., at the disputed address should be delivered as directed by an authorized representative of the corporation.

2. From the evidence in the record, I conclude that when Disputant Valvo applied for and opened P.O. Box 951 using the name Twin Peaks Ranch, it was in connection with his own outfitting business which used that name and which, at the time, used the facilities of the ranch also known as Twin Peaks Ranch. Although Disputant Valvo was apparently utilizing an outfitter license issued to Salmon River Properties, Inc., that fact has not been shown to be inconsistent with the conclusion that he was running his own business. The Idaho Sales Tax Sellers Permit and Retail Alcohol Beverage License were both issued to Disputant Valvo "DBA Twin Peaks Ranch" and not to Salmon River Properties, Inc. or to Twin Peaks Ranch, Inc. The record does not indicate whether the organization now running the guest ranch continues to use the name Twin Peaks Ranch and P.O. Box 951 but, in any event, the first party to use that name in connection with P.O. 951 was Disputant Valvo. It also appears that Disputant Valvo continues to operate an outfitting business under the name Twin Peaks Ranch^1/ using the disputed address. Under these circumstances, mail addressed to Twin Peaks Ranch at P.O. Box 951 should be delivered as directed by Disputant Valvo. See, e.g., Opinions of the Solicitor of the Post Office Department, volume II, opinion no. 766 (April 28, 1888); volume II, opinion no. 598 (April 27, 1886).

3. Resolution of this mail dispute determines only the right to delivery of the mail - it does not determine ownership of the contents of any mail delivered. In particular, it should not be interpreted as concluding that all mail addressed to "Twin Peaks Ranch" is the property of Disputant Valvo. Rather, mail addressed to Twin Peaks Ranch at P.O. Box 951 which is intended for another party should be promptly forwarded by Mr. Valvo to that party.

4. The attached delivery order should be issued.

David I. Brochstein
Administrative Judge

1/ There is some indication that Disputant Valvo's business may also be using the name Twin Peaks Ranch Outfitters from the same post office box. However, the delivery of mail addressed to that name is not in dispute here.