OGDEN — Ogden City has asked a federal judge to throw out a property owner’s suit that alleges Mayor Mike Caldwell’s demolition order on a run-down Grant Avenue dwelling was unconstitutional.

Attorneys representing the city filed papers Tuesday in U.S. District Court in Salt Lake City arguing that Douglas E. Bruce’s complaints are groundless and that he defied orders to tear down the building.

City officials had declared the building dilapidated and dangerous and the mayor signed a demolition order in April 2020, saying the city would tear down the building unless Bruce did.

Bruce, who lives in Colorado Springs, Colorado, then sued the city, alleging Ogden officials unconstitutionally down-zoned his property to single-family residential in 2009. The city had enacted a revised zoning ordinance several years earlier.

At the time, his property — a pair of duplexes and a cottage at 3166 and 3172 Grant — was rented out in five units. Bruce said the rezoning made it impossible to keep operating the properties fully as rentals, although he was allowed to keep renting one of the 3172 duplex units.

The zoning further prevented Bruce from being able to sell the dwellings at anything close to fair market value, his suit contended.

Leading up to the demolition order, the city reported that Ogden police had responded to nearly 40 break-ins at the 3166 property by homeless people since March 2017. One incursion led to a fire that collapsed the roof and rendered the dwelling uninhabitable, city officials said in the documents filed this week.

In a court deposition in November, Bruce said the city “encouraged the bums. They didn’t get rid of the bums, and the bums went in and started a fire.” In response, the city contended that Bruce was responsible for maintaining his property and keeping it safe. The city added that Bruce failed to provide an estimate of the damages he said have been wrought against him, and therefore the suit should be dismissed.

Bruce’s claim that the city down-zoned his property without due notice, and that it was a city policy and custom to take such actions, was rebutted by the city. Officials said all property owners were notified of the zoning ordinance change two decades ago and that affected landowners were allowed to continue any nonconforming use, subject to any applicable ordinances.

Over the years, city officials said they sent Bruce 16 notices of violation, 14 citations and 11 abatement citations and that he failed to respond and remedy the problems. The ordered demolition “is not because it is in violation of Ogden City’s zoning ordinance, but because it is an actual threat to the public well-being,” the city’s court filing said.

Aaron Garrett, Bruce’s attorney, said Friday he and his client had no immediate comment on the city’s motion seeking dismissal of the suit.

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