Hodgson v. Farmington City

• Decision Date: 10 January 2017
• Docket Number: No. 16-4120,16-4120
• Parties: KIA LYN FADEL HODGSON; KRISTIN LOUISE FADEL; DOUGLAS KELLY FADEL; KARA FADEL BURNETT, trustees of the Rock Manor Trust, Plaintiffs - Appellants, v. FARMINGTON CITY, Defendant - Appellee.
• Court: U.S. Court of Appeals — Tenth Circuit

KIA LYN FADEL HODGSON; KRISTIN LOUISE FADEL;
DOUGLAS KELLY FADEL; KARA FADEL BURNETT,
trustees of the Rock Manor Trust, Plaintiffs - Appellants,
v.
FARMINGTON CITY, Defendant - Appellee.

No. 16-4120

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

January 10, 2017

(D.C. No. 1:15-CV-00125-DBP)
(D. Utah)

ORDER AND JUDGMENT^*

Before PHILLIPS, McHUGH, and MORITZ, Circuit Judges.

Appellants Kia Lyn Fadel Hodgson, Kristin Louise Fadel, Douglas Kelly Fadel, and Kara Fadel Burnett ("the Fadels") are trustees for the Rock Manor Trust ("Rock Manor"). The Fadels filed this lawsuit against Farmington City after the City deemed a deteriorating structure on Rock Manor's property to be unsafe and demolished it, at Rock Manor's expense. The complaint alleges civil rights,

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constitutional, and statutory violations. The district court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(6),¹ and the Fadels appealed. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I. Background

The structure at the heart of this lawsuit was located on Rock Manor's property in Farmington, Utah. Built in 1959, the structure originally served a dual purpose: (1) it was a barn, and (2) the outside wall facing the highway was used as a billboard for advertising. The photographs in the record show that the structure transformed over time and generally deteriorated.

In 2011, the sign portion separated from the structural supports of the barn during a windstorm, triggering a series of repairs and inspections, as well as more controversy. In 2012, Farmington City ordered a structural assessment from an engineering company, which advised it had "never seen a project that met as many 'dangerous' conditions listed in the" Uniform Code for the Abatement of Dangerous Buildings ("UCADB") and identified the entire structure as dangerous. Aplee. Supp. App., Vol. 2 at 212. During the same time frame, the fire marshal advised that the structure was in "a dilapidated condition" and was "an 'attractive nuisance' to curious children and youth," as well as a fire and safety hazard. Id. at 213. Consequently, Farmington City issued a "Notice and Order to Repair or Demolish Building." Id., Vol. 1 at 21-24. Rock Manor refused to comply.

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The parties then participated in an administrative hearing and appeal before the City's Building Board of Appeals, with Farmington City prevailing in both. In its written decision, the Board of Appeals concluded the structure was "a 'dangerous building' under the provisions of the [UCADB] (1997)." Id., Vol. 2 at 125. The Fadels sought review of the Board of Appeals' decision in state district court. But Farmington City prevailed on summary judgment in 2013, and the Utah Court of Appeals affirmed the judgment in 2014. Farmington City then filed a motion for an order allowing demolition of the structure at Rock Manor's expense, which the district court granted. This led to a second unsuccessful appeal by the Fadels in 2015. Having twice secured the court's authorization, Farmington City demolished the structure on April 1, 2015, and invoiced the Fadels $2,239.14 for the demolition costs per the UCADB.

The Fadels filed this lawsuit, seeking at least $400,000 in compensation for the structure or, in the alternative, requesting that the structure be rebuilt and relocated. The district court dismissed the Fadels' complaint with prejudice under Rule 12(b)(6). This appeal followed.²

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II. Analysis

The Fadels argue that the district court erred in dismissing its claims that Farmington City's demolition of the structure violated Rock Manor's rights under 42 U.S.C. § 1983, the United States...