Fairhope, Alabama
Updated.
PROCEDURES PROPERLY FOLLOWED
Tuesday, a Bay Minette jury's verdict found in favor of defendants the City of Fairhope, Fairhope Planning Commission, Fairhope City Council, Angelo Corte and developer Leaf River Group -- that an ordinance-amendment approved in April of 2016 permitting apartments in the Fly Creek PUD (behind Publix grocery) was "not arbitrary and capricious" and is "valid." (Judge Bert Rice presided.)
The lawsuit filed last September by Daphne attorney Adam Milam on behalf of the 'Friends of Fly Creek' organization (Reily and Misty Murphy, Chip and Laura Shaw) alleged it (Ordinance 1572) was approved in violation of procedures in the city's own zoning ordinance, inconsistent with the city's comprehensive growth plan, and conflicted with plat approval standards of the city's subdivision regulations.
PLAINTIFF''S ALLEGATIONS NOT PROVEN
Attorney Milam was more blunt about the allegations in an April 2016 Lagniappe article (click):
Milam: “Whether you want apartments or not in the Fairhope area is not the issue. The City Council and Mayor sold out Fairhope and Baldwin County residents when they bowed to political pressure in allowing a large apartment complex, parking lot, and all the attendant runoff, erosion and sedimentation impacts right in the Fly Creek Watershed, an extremely vital watershed that they swore to protect.”
The Bay Minette jury did not agree earlier this week.
A FACTOR IN LAST ELECTION
It is widely believed that the approval of the apartments by the last city council (by a 3-2 vote) played a major role in the last municipal election (August 2016) where a new mayor and three new council members were elected. (Mayor Kant had voted for the project too, in his capacity as Planning Commission member.)
According to Al.com's report last October (click): "I think that was the straw that broke the camel's back," said Lynn Maser, chairwoman of the Fairhope 98 committee, which was formed one year ago to take a closer look at the city's growth after the apartment project was first introduced. "North Fairhope wasn't going to re-elect anyone who voted for the apartments."
Also, earlier this year, the current city council came under pressure from some residents from neighborhoods north of town to settle the lawsuit or repeal the ordinance, but decided to go to trial instead (with a new attorney representing the city).
Before this lawsuit was filed last September, former mayor Kant told the Times he often regretted settling lawsuits during his tenure just to save money in the long run (attorney fees, etc): that only encouraged more frivolous suits, he said.
PROJECT TO MOVE FORWARD?
The developer has until mid-October to file another site plan for planning commission approval to move forward with the project; it is not known yet if plaintiffs plan to appeal the verdict.
(Last April, the current city council extended the time allowed to file another site plan, because of the building moratorium -- click.)
Updated.
PROCEDURES PROPERLY FOLLOWED
Tuesday, a Bay Minette jury's verdict found in favor of defendants the City of Fairhope, Fairhope Planning Commission, Fairhope City Council, Angelo Corte and developer Leaf River Group -- that an ordinance-amendment approved in April of 2016 permitting apartments in the Fly Creek PUD (behind Publix grocery) was "not arbitrary and capricious" and is "valid." (Judge Bert Rice presided.)
The lawsuit filed last September by Daphne attorney Adam Milam on behalf of the 'Friends of Fly Creek' organization (Reily and Misty Murphy, Chip and Laura Shaw) alleged it (Ordinance 1572) was approved in violation of procedures in the city's own zoning ordinance, inconsistent with the city's comprehensive growth plan, and conflicted with plat approval standards of the city's subdivision regulations.
PLAINTIFF''S ALLEGATIONS NOT PROVEN
Attorney Milam was more blunt about the allegations in an April 2016 Lagniappe article (click):
Milam: “Whether you want apartments or not in the Fairhope area is not the issue. The City Council and Mayor sold out Fairhope and Baldwin County residents when they bowed to political pressure in allowing a large apartment complex, parking lot, and all the attendant runoff, erosion and sedimentation impacts right in the Fly Creek Watershed, an extremely vital watershed that they swore to protect.”
The Bay Minette jury did not agree earlier this week.
A FACTOR IN LAST ELECTION
It is widely believed that the approval of the apartments by the last city council (by a 3-2 vote) played a major role in the last municipal election (August 2016) where a new mayor and three new council members were elected. (Mayor Kant had voted for the project too, in his capacity as Planning Commission member.)
According to Al.com's report last October (click): "I think that was the straw that broke the camel's back," said Lynn Maser, chairwoman of the Fairhope 98 committee, which was formed one year ago to take a closer look at the city's growth after the apartment project was first introduced. "North Fairhope wasn't going to re-elect anyone who voted for the apartments."
Also, earlier this year, the current city council came under pressure from some residents from neighborhoods north of town to settle the lawsuit or repeal the ordinance, but decided to go to trial instead (with a new attorney representing the city).
Before this lawsuit was filed last September, former mayor Kant told the Times he often regretted settling lawsuits during his tenure just to save money in the long run (attorney fees, etc): that only encouraged more frivolous suits, he said.
PROJECT TO MOVE FORWARD?
The developer has until mid-October to file another site plan for planning commission approval to move forward with the project; it is not known yet if plaintiffs plan to appeal the verdict.
(Last April, the current city council extended the time allowed to file another site plan, because of the building moratorium -- click.)
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| Bob Wills attorney for Leaf River Group |
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| Plantiff Reily Murphy addressing council last April |
Comments
These phony serial suit filers need to be held accountable.
What a shme it all is!