What was supposed to be the new Golden Eagle subdivision overlooks the Jordanelle Reservoir from the east with views of the Wasatch Mountains. John Blamer said it’s the reason he and his wife bought a lot in the development for their first home.
"It's one of the most breathtaking views I've ever seen, and also at a much better price point compared to adjacent communities," he said.
He purchased the lot in September of 2020, and started building about a year later. He was able to obtain building permits, but his would-be neighbors were not.
"I don't know why I got a permit, and no one else did," he said. "I've been told I’m persistent. Maybe that's why, I'm not sure. But I think other people were persistent, too."
Until earlier this summer, the town of Hideout was denying such permits to Golden Eagle’s other lot owners. The developer, Mustang LLC, claimed this was done in retaliation for previous legal action it had taken against the town, and the Utah Fourth District Court essentially agreed.
In May and June, the court issued injunctions preventing the city from denying building permits for five specific reasons the city had commonly given for denials. These included failing to do additional testing for water pressure, failing to provide a storm drain plan, or failing to construct gravel shoulders along interior roads. The court said such concerns were no longer legitimate factors.
But although Blamer was able to build his house, so far, he and his family have not been able to actually live there. The house was completed in December 2022, but the city has yet to give the Blamers a certificate of occupancy.
"It's like getting you half-pregnant, and then walking away," he said. "So they got us half-pregnant, and then they disappeared, basically."
The city issued an inspection report which denied the certificate in February of 2023 — and cited those same five reasons the court later said were not valid for denying building permits. Blamer said most of those issues were never raised when he was building.
There were initially some legitimate issues with water pressure, he said, but he was eventually able to pass a fire marshal’s pressure test. He then signed a waiver indemnifying the city against any losses if building had to be suspended for such concerns.
"If there was ever issues with water pressure, or any kind of road access problems, things of that nature, that they could stop work at my home," he said. "But none of that happened."
The 2023 inspection report also said work on the sewer system was not complete. But the Hideout Service District issued a letter a few months prior saying it had agreed to "accept responsibility to service and maintain" the sewer main to Blamer’s lot, effective October 2022.
Instead of pursuing litigation against the city, Blamer said he first tried to reach a settlement in May 2023. He said one of the city’s terms was that he convince the service district to sign an agreement that it would eventually accept the same responsibility for the other homes in the development.
"We tried to work with the district on this. But it's just not our responsibility to do this. That's not our job," he said. "The town was using us to solve their wider problems that they have with the district.:
Another condition, Blamer said, was that his lot had to pass an inspection for water pressure leaks. He said he was initially told the entire path from the main water tank to his home would need to be tested.
"When we came here that day for the test, the town wasn't prepared, because what they needed to do was to shut off the fire hydrants along the path," he said. "They needed to also isolate the branching streets irrelevant to our home."
But the town wasn’t able to do that, Blamer said. He said eventually the town engineer told him only his street would need to be tested.
"Then we went and did that test, and it passed," he said. "And then he sent me a text message, which says, 'Congratulations on your pass.'"
But then the next day, Blamer said town attorney Polly McLean told him the full test from the water tank still needed to be done, and the town engineer didn’t actually mean to say he passed the entire test. That’s where settlement talks broke down the first time. Blamer said a second round of talks began late June 2023, but to no avail.
Blamer informed Hideout he didn’t accept the terms and would be hiring a new attorney to pursue litigation against the city.
"Within three hours later they locked out our water meter — literally three hours after notice," he said.
Blamer said the wood flooring in his home had already been damaged from improper installation. But without that water bringing humidity into the house, he said the floors could be further damaged.
The shutoff was "very vengeful," Blamer said.
But Blamer said the financial toll goes beyond the wood floors. He said the costs associated with paying for a home he can’t live in have totaled about $140,000 so far, with another $20,000 added every month.
That tally includes the mortgage, HOA fees, property taxes, utilities, and storage fees for the furniture.
"And then on top of that, it's our legal fees, which the last few months have been averaging around, like $8,000, $9,000 a month," he said.
And the situation has affected more than just his wallet.
"This is causing significant emotional distress," he said. "This is hurting our family like no one could ever understand. It is so painful. Our whole life is on hold. We wanted to have a second child. We've paused that, because there's just too much stress in our lives."
The first step in the litigation process, Blamer said, was to seek a hearing with an administrative law judge contracted by the town. That judge has the authority to order the town to issue an occupancy certificate, Blamer said, but couldn’t rule on damages.
"You have to check this box before we escalate it to the Fourth District Court," he said.
But Blamer said even that hit a snag. He said he reached out to the town clerk on June 26 to schedule a hearing, and followed up to confirm twice. Blamer thought that hearing would happen Friday, July 28. But earlier in the week, he found out it wasn't even scheduled. He said Polly McLean instructed the town clerk not to.
"That is a gross abuse of power. She had blocked the process that we paid for, that we signed the document," he said. "They're legally obligated to contact the judge and schedule the hearing."
But Blamer said McLean also reached out this week with another attempt to settle. He said he won’t seek any damages if the town just grants the certificate of occupancy.
"I just want to get in this house, live my life with my family," he said. "Our whole life’s on hold. And I'm just done with it.”
As of Friday afternoon, Blamer said he had reached a tentative agreement and is hopeful he’ll be in his house "very soon."
Mayor Phil Rubin and town attorney Polly McLean did not respond to KPCW’s repeated requests for interviews. In a statement, McLean said a certificate of occupancy is "proof that the premises are safe and suitable for the intended use." She said the town is responsible for ensuring the buildings meet all necessary codes and regulations, and is committed to doing so "for the health and safety of its residents."
