Fairhope, Alabama
PLANNING COMMISSION / STAFF VINDICATED
The city has won a second lawsuit concerning the construction of apartment complexes: the latest being the 110-unit 'Old Battles Place' duplex apartments on south Section Street, near the Battles Road intersection.
Plaintiffs Elizabeth Brodbeck and the 'Friends of South Section Street' nonprofit corporation alleged that the city's Planning Commission and city staff acted improperly in October of 2016 (click) by granting a waiver of some Low Impact Development drainage requirements (LID's) -- and that the Commission did not have authority to approve the site plan for the multiple occupancy project, according to the city's subdivision regulations.
"OVERWHELMING" EVIDENCE
But, on September 12 of this year, circuit court Judge Bert Rice denied the plaintiffs' motions, and granted the city's for a summary judgment, dismissing the case with prejudice (it cannot be refiled).
The judge called evidence presented by the city "overwhelming" -- and added that it is "not the role of courts to second guess planning commissions."
The city won a similar lawsuit in August concerning the Fly Creek Village apartment complex on Highway 98 north of town (click): in both cases plaintiffs were represented by attorney Adam Milam of Daphne.
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| 'Old Battles Place' apartments nearing completion |
PLANNING COMMISSION / STAFF VINDICATED
The city has won a second lawsuit concerning the construction of apartment complexes: the latest being the 110-unit 'Old Battles Place' duplex apartments on south Section Street, near the Battles Road intersection.
Plaintiffs Elizabeth Brodbeck and the 'Friends of South Section Street' nonprofit corporation alleged that the city's Planning Commission and city staff acted improperly in October of 2016 (click) by granting a waiver of some Low Impact Development drainage requirements (LID's) -- and that the Commission did not have authority to approve the site plan for the multiple occupancy project, according to the city's subdivision regulations.
"OVERWHELMING" EVIDENCE
But, on September 12 of this year, circuit court Judge Bert Rice denied the plaintiffs' motions, and granted the city's for a summary judgment, dismissing the case with prejudice (it cannot be refiled).
The judge called evidence presented by the city "overwhelming" -- and added that it is "not the role of courts to second guess planning commissions."
The city won a similar lawsuit in August concerning the Fly Creek Village apartment complex on Highway 98 north of town (click): in both cases plaintiffs were represented by attorney Adam Milam of Daphne.
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