Opinion
Case No. 2:13-CV-1051 TS
06-12-2014
MARK C. HAIK, Plaintiff, v. SALT LAKE COUNTY BOARD OF HEALTH, Defendant.
MEMORANDUM DECISION AND
ORDER GRANTING DEFENDANT'S
MOTION TO DISMISS
District Judge Ted Stewart
Plaintiff seeks to develop certain property he owns in the Albion Basin. Before he may do so, however, he must show an entitlement to 400 gallons of water per day, something he cannot do. Plaintiff's Complaint arises out of the Sale Lake Valley Health Department's denial of his application for septic systems or holding tanks for proposed homes in the Albion Basin Subdivision and Plaintiff's appeal of that denial. The denial was based on Plaintiff's inability to show access to the requisite amount of water. This Court, the Utah Supreme Court, and the Tenth Circuit Court of Appeals have all addressed various claims concerning Plaintiff's, and his predecessor's, attempts to obtain sufficient water for development. Those claims have all failed. For substantially the same reasons stated by these Courts previously, Plaintiff's claims in this action also fail. It is therefore
ORDERED that Defendant's Motion to Dismiss (Docket No. 14) is GRANTED. It is further
ORDERED that Plaintiff's Motion for Remand, Abstention or Certification (Docket No. 9) is DENIED.
The Clerk of the Court is directed to close this case forthwith. The Court will take up Defendant's Motion for Sanctions (Docket No. 19) in a separate order.
BY THE COURT:
__________
Ted SteWart
United States District Judge
Haik v. Salt Lake City Corp., No. 13-4050, 2014 WL 2523735 (10th Cir. June 5, 2014); Haik v. Town of Alta, 176 F.3d 488 (10th Cir. 1999) (unpublished); Haik v. Salt Lake City Corp., No. 2:12-CV-997 TS, 2013 WL 968141 (D. Utah Mar. 12, 2013); Haik v. Township of Alta, No. 2:96-CV-732 BSJ; Melville v. Salt Lake Cnty., 570 P.2d 687 (Utah 1977).