Friday, May 10, 2013

Notorious Lawsuit Dismissed



Fairhope, Alabama

"PUBLIX" SHOPPING CENTER

A lawsuit filed by a group of Montrose-area residents in 2009 against owners, developers and contractors of the Shoppes at Fairhope Village was dismissed by Judge Jody Bishop on May 6th according to informed sources and court documents -- as requested by all parties involved.

Judge's Order: "Joint stipulation of dismissal as to all remaining parties is granted. Case dismissed with prejudice, each party to bear own costs."

No monetary damages were awarded by the court.

Remaining parties signing the motion to dismiss were:
court order

*Plaintiffs: -- Paul Ripp, Tom and Lisa White, Chip Shaw, et al

*Defendants -- Fairhope LLC, Regency Centers Corp., Regency                      Centers  LP, Sun Belt General Contractors, et al.

According to a Press Register newpaper report at the time (click),  the initial "sprawling" lawsuit alleged violations (during construction) of the comprehensive plan, tree ordinance, county right of way and federal wetland protection laws among "other things".

CITY NO LONGER INVOLVED

The court dropped the city from the suit last year when it found the city could not be held liable for the mistakes of others (contractors, click).

The Times was unable to determine if Baldwin County was still a defendant; they did not sign the dismissal agreement.

SETTLEMENT REACHED

Last month, plaintiff Paul Ripp informed the city council a confidential settlement had been reached; but he could not discuss its terms.

Ripp added that "someone still needs to clean (the silt) out of Fly Creek" -- the plaintiffs' principle demand at one time, according to sources familiar with the case.

MAYOR'S  COMMENTS

Mayor Kant told the Times he had no personal knowledge of the dismissal/settlement but it was frustrating when lawsuits are filed against the city due to the mistakes of others -- even though most of the city's legal costs in such cases are covered by liability insurance.

Kant said his main concern now is not one specific project but  the overall impact of future development within the 5000+ acre Fly Creek drainage basin: He recently proposed purchasing nearby property to help mitigate the  damage (Triangle Property).

6 comments:

Anonymous said...

Ripp is a nut. Case Closed.....

Anonymous said...

That was never a good place to build such a thing.

Anonymous said...

Yea it should have been saved for the bunnies, deers, unicorns and the homeless

Anonymous said...

Does that gut that ran for mayor,,,,I think his name was warner...does he still live with Ripp or has he moved back to Louisana? Let me know if you have the answer....

Capt. Crunch said...

Glad this has drawn to a close. Another case of transplants moving in causing problems.

Anonymous said...

We are all transplants......