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HERRIMAN -- A family who lost their home in the 2010 Herriman fire is suing the federal government and the National Guard.
Gary and Jill Case lost their home in the so-called Machine Gun Fire that started Sept. 19, 2010, at nearby Camp Williams. The Case's home at 6075 W. 14300 South was among three that burned down in the 4,300-acre blaze. Guardsmen touched off the fire while conducting live- firing exercises despite weather conditions conducive to the threat of wildfire.
In addition to the house, the fire destroyed all of the Cases' possessions, family heirlooms, landscaping, barn and the equipment for the roofing business they ran out of their home. Jill Case's mother, Nadine Green, lived in the couple's home and is also a plaintiff in the lawsuit filed Wednesday in federal court.
The Guard failed to warn the Cases of the fire after it spread outside Camp Williams and the family "barely managed to escape their home minutes before the fire engulfed it," the suit says.
The Cases' attorney, Martin Banks, said failed efforts to reach a settlement with the Utah National Guard prompted the legal action.
"They're very frustrated," he said. "We filed this lawsuit to try to get some attention and make some progress."
Attempts to reach a resolution with the Guard were met with "a lot of talk and delay," Banks said.
"We'd like to see if we can make some progress toward a resolution with the Army National Guard. If we can, great. If not, we're in for a longer fight," he said.
Banks declined to say how and where the Cases are currently living, but said they are trying to rebuild their roofing business. He also said the other families whose homes burned down have been in contact with him.
A spokesman for the Utah National Guard said it has not seen the Cases' lawsuit.
The Utah National Guard accepted responsibility for the fire and within days set up a claims center for residents whose homes or property was damaged.
"We've been working diligently over the last year with all the claimants to help facilitate all their claims and do it in a timely manner and fairly," said Maj. Bruce Roberts. "It's just unfortunate that for administrative reasons not all of them have been processed."
According the lawsuit, Camp Williams was negligent in allowing soldiers to train with military weapons and munitions on a day when the fire danger was high.
"We have taken responsibility for causing the accident, the fire," Robert said. "As a result of that, we changed our policies and procedures so this type of accident doesn't happen again in the future. And we're deeply sorry and apologetic for the damage it caused."
In a Utah National Guard memo, Col. William C. French concluded "errors that led to the issuing for range (use) during extreme weather were the result of procedural failure and human errors within our system."
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