Fairhope, Alabama
WHITE AVENUE SUBDIVISION
A legal dispute involving a city waterfront park that was thought to have been settled last year is back in litigation after objections arose about a new sidewalk being constructed there.
The park stretches roughly from White Ave. south to Nichols; the city maintains a short public pier and parking area there.
The issue began in 2007 when Mobile St. resident Gene Warhurst sought to build a private pier and the city sued to prevent it: He and adjacent residents claimed they, not the city, had always maintained the property -- even though it had been deeded to the city by the Single Tax Corp. in 1931.
The city contended it had always been maintaining the property.
In 2013, the court approved a settlement between the parties where the land would revert back to STC ownership (and then be leased back to the residents); but a 20' easement along the bay would remain "parklands". (see the plan below)
As a part of the settlement, the STC was to finance a new 8' sidewalk within the easement; and the city maintain it.
SIDEWALK PLAN DISPUTED
According to sources familiar with the case, some of the residents' understanding of the settlement differs from what was actually recorded, concerning the location of the sidewalk: It should have been closer to the water they contend; its length on the north end and responsibility for longterm shoreline bulkhead maintenance also may be in question.
The State Supreme Court could become involved, since some judicial errors may have occurred, according to another source.
The sidewalk has been completed, except for a small portion at the south end: How to route the sidewalk to avoid damaging oak trees is holding it up there.
Plat recorded by Judge of Probate:
WHITE AVENUE SUBDIVISION
 |
| north end |
The park stretches roughly from White Ave. south to Nichols; the city maintains a short public pier and parking area there.
The issue began in 2007 when Mobile St. resident Gene Warhurst sought to build a private pier and the city sued to prevent it: He and adjacent residents claimed they, not the city, had always maintained the property -- even though it had been deeded to the city by the Single Tax Corp. in 1931.
The city contended it had always been maintaining the property.
 |
| White Ave. pier |
As a part of the settlement, the STC was to finance a new 8' sidewalk within the easement; and the city maintain it.
SIDEWALK PLAN DISPUTED
 |
| south end |
The State Supreme Court could become involved, since some judicial errors may have occurred, according to another source.
The sidewalk has been completed, except for a small portion at the south end: How to route the sidewalk to avoid damaging oak trees is holding it up there.
Plat recorded by Judge of Probate:
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