The Cloud family brought a lawsuit against Washington City in 2003. They hired Provo attorney Justin Heideman to represent them. The lawsuit alleged that Washington City had improperly enforced the fire code and wrongfully denied them an occupancy permit for a commercial building.
The Utah Court of Appeals today issued a decision in favor of Washington City. Essentially, the Court of Appeals said that the plaintiff had failed to prepare the legal paper work in the proper way. The failure was so significant that Washington City should win the case.
In Mr. Heideman’s defense, suing a governmental entity is extremely difficult. The Utah Governmental Immunity Act creates strict guidelines and rules that must be followed.
The thing I found interesting in this case is that the Court of Appeals cited a 2007 case titled Heideman v. Washington City. Strange that the attorney’s name would appear in a case title against the same defendant from 5 years previous.
I looked up that case. Mr. Justin Heideman was not the plaintiff in the earlier case. Mr. Justin Heideman, was the attorney for the plaintiff in the earlier case, though. The case doesn’t specify the relationship, but presumably it is family.
In the 2007 case the Court of Appeals held that the notice of claim had not been filled out properly and so the case against Washington City had to be dismissed.