A man whose Logan house was damaged and belongings destroyed in a landslide caused by a break in a canal has filed a lawsuit against the city and the Utah Department of Transportation.
Sean Bartschi, who now lives in Idaho, alleges that the city and UDOT knew for years of the potential for the Logan Northern Canal to fail and cause a landslide. Even so, he claims they failed to warn homeowners.
His lawsuit, filed Aug. 18 in 1st District Court, also names the Logan and Northern Canal Company as a defendant. It seeks a minimum of $250,000 jointly from the city and the company and a minimum of $250,000 from UDOT.
The irrigation canal broke July 11, 2009, and a landslide sent water, mud, rocks and debris sliding toward the homes below. Three people were killed.
Bartschi says his home on Canyon Road, where he lived and leased a portion to others, was so damaged that it is now uninhabitable. He told The Salt Lake Tribune this summer that he had declined an offer by the city to purchase the house because it wasn't enough to cover his investment and his debt.
UDOT spokesman Vic Saunders said Thursday that the agency had no comment at this time.
Because the litigation is pending, Kymber Housley, Logan's attorney, would say only that "Mr. Bartschi's claims against the city are without merit."
The suit alleges that the defendants were aware of studies from as early as 1978 that concluded there was a high likelihood of landslides on the hillside above Canyon Road. Logan and Northern Canal Company owned and operated the canal and UDOT was responsible for maintaining U.S. Highway 89 and other improvements on the hillside above the canal, the suit says.
pmanson@sltrib.com

