A federal judge has ruled in favor of Ogden in a 6-year-old lawsuit filed against the city by the renovators of the Radisson Suite Hotel.
"We're delighted," said Ogden City Attorney Norman Ashton. "It's a well-supported, well-reasoned, fine decision."The U.S. District Court lawsuit filed by Daniel Cook and DCA Development Corp. alleged that the city of Ogden and former Mayor Stephen Dirks "arbitrarily and capriciously enforced and interpreted city building and fire codes to frustrate, delay and ultimately destroy plaintiff's efforts to secure an occupancy permit" for the hotel.
Cook's attorney, Ronald Nehring, did not return phone calls for comment. He has 30 days to appeal the ruling.
On Dec. 21, 1984, the city denied Cook an occupancy permit based on the recommendation of architect David Ayer, who inspected the building and found 51 items that did not comply with city fire and building codes.
Cook's lawsuit further alleged that the city's denial of the permit was influenced by Dirks' personal interest in the nearby Ogden Park Hotel.
At the time, Dirks also was employed by the Boyer Co., a firm responsible for the development of the Ogden Hilton.
But Judge Bruce Jenkins found that the city's enforcement of its codes was proper.
Jenkins noted that the hotel was without a tested and approved fire alarm system, approved smoke detectors or an automatic emergency back-up power source that would operate the sprinkler system.
"Therefore, the court finds that because there were undisputed safety concerns existing prior to Dec. 31, 1984, Ogden City's refusal to grant an occupancy permit did not, as a matter of law, violate defendants' due process rights."
Jenkins dismissed all counts against the city, and ordered each party in the lawsuit to bear its own litigation costs.