Utah County, facing a $355,000 lawsuit filed over a flood-control dike in the Lakeshore area, has filed a response asking that the suit be dismissed and property upon which the dike sits be condemned.
The condemnation, if granted by 4th District Court, would pave way for the county to compensate three landowners - who filed suit - for portions of their property covered by the dike since its construction in 1984.County Commissioner Malcolm Beck called the condemnation request "one of the things we have to do to protect ourselves." He said county officials had tried to avoid litigation, but the three remaining landowners "were always adding things to their demands."
On Wednesday, commissioners passed a motion authorizing the county attorney's office to represent County Engineer Clyde Naylor, who also was named in the suit.
The 3 1/2-mile dike, built on the land of 24 property owners, was constructed to stem flooding in the Benjamin-Lakeshore area. Three affected landowners _ Reed Christmas, Gene Sumsion and Dan Williams _ filed suit earlier this month because, their suit claims, the county has "refused to remove the dike after many demands have been made for its removal."
The county has reached agreements with 21 landowners to either leave the dike and compensate the owners, or remove the dike from their property.
In responding to the lawsuit, which claims the county has not honored contracts to remove the dike or pay for damages and losses caused by its construction, county officials "affirmatively allege that they tried to remove the dike but were requested to stop by the plaintiffs."
In the written response, the county also denied that the plaintiffs ever requested compensation as a result of the dike, that the county ever agreed to replace damaged fences or corrals or that Naylor signed an agreement stipulating that the dike would be removed within 18 months of its construction.
A document dated March 3, 1984, and submitted by the plaintiffs as part of their lawsuit, however, bares Naylor's signature. Christmas said he, Sumsion and Williams are interested only in seeing the county do what it agreed to.
In their response, county officials "allege that plaintiffs' complaint is without merit and is not brought or asserted in good faith." In addition, the claims made by the landowners "are barred by the statute of limitations."
In a counterclaim, the county cites the right of eminent domain for flood control, necessity and safety and that it "seeks to acquire by this proceeding all property and property rights of plaintiffs" affected by the dike.