Robles said a geologist from the Utah Geological Survey team came out to assess the situation and told him that he doesn't take sides, but before the Centennial Heights property had been developed, the site was a natural runoff area. The geologist pointed out the line of greenery leading right down the hill toward the home. The greenery, he explained, meant the presence of water.

"Money talks," Robles said. "Little guys like me always lose, but we need to try.

"I just want to get my yard back to the way it was and make sure it's safe. I found out that in California, it's illegal to build in an area like this now, and the precedent started with just one person's lawsuit."

The Robles are left in a tough situation. Their home insurance company doesn't cover land movement, they can't sell the house and the repair job is not an easy self-improvement job.

"I don't have the money to build an $80,000 retaining wall," Jason Robles said. " But it's something that has to be done right to make it safe."

The Robleses are still living in their home, but they're dreading the next big storm.

"There are caverns underground below the deck," Jason Robles said. "I'm afraid the caverns will drop, and we'll lose our deck."

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E-mail: dramsay@desnews.com