On 11 October 2002, LSC Real Estate, LLC, a company that was started by Larry S. Carson and Sandra K. Carson of Highland, Utah, filed a lawsuit in the 4th Judicial District Court. The lawsuit lists Eagle Mountain City, an incorporated city within Utah County, State of Utah, and DOES 1-20. In a civil action, the plaintiff will often refer to “Doe” defendants, which is a shortened version of “John Doe” and is used to refer to people who may be held liable but whose identities are not known to the plaintiff.
The lawsuit alleges that Eagle Mountain committed an Illegal Exaction, charged an Illegal Impact Fee, and did Unconstitutional Taking – Federal and State Constitutions.
Water has always been a commodity that is necessary and protected in Eagle Mountain. The City was founded by a Florida man that misunderstood Utah water rights and purchased what is now City Center for its water rights. He later found out that you can’t transfer water rights from one service district to another. So Eagle Mountain was born.
This lawsuit is also over water rights. In 2020, LSC agreed with Michale Tornow and Ivy Tornow to sell their property in Eagle Mountain to build another location for Pony Epxress Dental, LLC. The intent was to create a dental building. The buyers then contacted City Personnel, in this case, Christoper Trusty, to calculate the estimated water required for the planned dental building. The estimate was for 2.93 acre-feet of water. They then entered into a water supply agreement and paid $39,760 to purchase the water required by the city. The lawsuit implies that the city made errors in its calculations as well as “grossly overstated the expected actual water consumption for a dental office.”
They are asking the City to return “an amount to be proven at trial plus attorneys’ fees, costs, and pre- and post- judgment interest as permitted by law.”
The lawyer that filed the lawsuit, Thomas K. Checketts, is not unknown to Eagle Mountain. He was the lawyer that tried to help get the development known as the Eagle Mountain Benches approved for development. That development was brought before the City Council six different times, Checketts was not involved in all of them. It was approved with conditions. The developer of that development is currently selling the property along Lake Mountain Road.
Mike Kieffer – Editor-in-Chief, Cedar Valley Sentinel
Mike Kieffer is a dynamic leader and community advocate based in Eagle Mountain, Utah. He serves as the Editor-in-Chief of the Cedar Valley Sentinel, a local publication dedicated to informing, inspiring, and elevating the Cedar Valley community through honest and accurate journalism. With a passion for fostering connections, Kieffer has made it his mission to highlight local businesses, provide reliable news, and support community development.
Beyond his editorial role, Kieffer is the owner of Lake Mountain Media, LLC, a company specializing in media and communications, and the co-owner of Quail Run Farms, which focuses on sustainable farming and community engagement. He also actively contributes to the local economy and culture as a member of the Eagle Mountain Chamber of Commerce.
Kieffer’s dedication extends to preserving and promoting the history and heritage of the Cedar Valley area. He often participates in community-centered events and media, including podcasts that explore the unique aspects of life in the region. Through his varied endeavors, he remains a steadfast advocate for the growth and enrichment of the local community.