Complaint filed over canal reconstruction

A lawsuit has been filed in Logan’s First District Court against those involved with the Cache Water Restoration Project. The complaint, filed by Attorney Jonathan Thomas on behalf of 70 or more plaintiffs, alleges that Cache County, Logan City, and the Cache Highline Water Association started construction on the project in violation of legal requirements to obtain agreements from private property owners along the canal.

“The county has gone through extraordinary lengths to avoid meeting that requirement,” says Tony Wegener, a Logan City resident with property along the Logan Northern Canal.  “They quick claimed land to themselves illegally. There’s no basis for the quick claim.

“Those who live along the two canals that are involved own the land either to the edge of the canal, or into the canal, or to the middle of the canal in some cases.”

Wegener says the plaintiffs are requesting a temporary restraining order or injunction in order to challenge the county and related entities in their false claims of land ownership, threats to trespass on private property, and destruction of a public thoroughfare.

Restoring water to the Logan Northern Canal water users is important to the plaintiffs, Wegener says, but they want to ensure that the process is done legally and does not violate private property owners’ civil rights.

To read the complaint in its entirety, <a target=”_blank” href=”http://podcast.cachevalleydaily.com/CanalMemo10-2-2012.doc”>click her</a>e.

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