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).