by Lori Hunsaker - Managing Editor
Oct 20, 2009 | 1043 views | 1

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Broken windows and doors and overgrown weeds are two of the complaints Brigham City has against Cape Advisors, developers for the former Intermountain Indian School property in the southeast area of town.
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Ongoing disagreement about the nuisance factor at Eagle Village is coming to a head between the developer and Brigham City Corporation. About a year ago, the city filed misdemeanor criminal nuisance charges against the owners of 20 separate parcels on the former Intermountain Indian School property. The charges have to do with the upkeep of the property and buildings on the parcels.
Speaking for a variety of entities managed by an agent representing New York developer, Cape Advisors, attorney Rob Reynard told Brigham City Council last week the owners would like to sit down with city officials and figure out a way to deal with the property. “I came tonight to open a dialogue with the city. We are trying,” he stated.
Reynard said the issue of the misdemeanors has been resolved. The windows and doors on the first floor of all the buildings have been boarded up but two doors have already been kicked in. The overgrown weeds are being cut.
The property “is an 800 pound gorilla or a big white elephant,” Reynard said. It is a huge piece of property and Reynard’s clients are doing the best they can with the resources they have. The property is a cash drain on the owners and bankers are not lending any money. Buyers aren’t interested in the property. “No one wants to touch it with a ten foot pole,” he said.
The buildings are very well constructed, he continued. It is hard to tear them down. It would be cost prohibitive to knock them down.
City attorney Kirk Morgan said there has been an ongoing nuisance situation on the property for years and all the city asks is that the owners meet the conditions of the settlement of the misdemeanor charges and solve the nuisance issues.
Morgan said the city is understanding of the current financial crunch but there are still weeds on the property that need to be cut. If there is a question about whether the conditions of the settlement have been breached the parties need to go back to court.
Reynard stated, “Our position is that we’re in compliance. There isn’t anyone who wants to be forced into litigation.”
Councilman Bob Marabella said that if the property is boarded up and there is another break-in, it’s got do be boarded up again. People are stopping in there for ghost hunting. Break-ins may be a daily thing that has to be dealt with.
If that doesn’t work, sell the property, Marabella continued.
Marabella said he has clients who want to buy the property but it is impossible to get in touch with anyone.
Councilman Scott Ericson said there has been very little communication in the last 10 years but now with the threat of litigation, the property owners are responding.
Councilman Bruce Christensen said there are some legal issues and economic issues to consider. Also, Brigham City can help with marketing for the property if the owners want the help.
City attorney Michael Christiansen said the voluntary abatement agreement has been successful in part, but will be discussed in detail during a review hearing on October 29 before Justice Court Judge Kevin Christensen.
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