Fairhope, Alabama
PLANNING COMMISSION VINDICATED AGAIN?
According to court documents, after receiving a Joint Motion For Relief from the plaintiffs and a defendant, Circuit Judge Clark Stankoski granted "relief from the court's prior order (to stop work- click) ... (it has) no further force or effect ... and that the approval by the Fairhope Planning Commission of the RETREAT's site plan was not arbitrary and capricious .... that the said approval is valid and all permits issued are valid and of full force and effect."
The Oct. 17th ruling followed after another joint motion to the Alabama Supreme Court to dismiss the appeal of Stankoski's original order to stop work (by The Retreat at Fairhope Village, LLC.) was granted by that court.
The plaintiffs were the Fly Creek Watershed Preservation Association; original defendants the City of Fairhope and Fairhope Planning Commission.
The Retreat at Fairhope Village LLC. was added as another defendant later (the "Intervenor").
(Sources say there was a private financial settlement of $225K between some parties as well. The city was not involved in the settlement.)
An amendment to the development was advertised for the November Planning Commission meeting but was pulled from the agenda due to the settlement, according to planning director Dyess.
SITE PLAN APPROVED IN 2017
The planning commission approved the site plan in September of 2017, shortly after another lawsuit by a different group was decided in favor of the city and developer as well (click).
September 2017 Times report of site plan approval:
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| 'Retreat at Fairhope Village' construction site today. |
PLANNING COMMISSION VINDICATED AGAIN?
According to court documents, after receiving a Joint Motion For Relief from the plaintiffs and a defendant, Circuit Judge Clark Stankoski granted "relief from the court's prior order (to stop work- click) ... (it has) no further force or effect ... and that the approval by the Fairhope Planning Commission of the RETREAT's site plan was not arbitrary and capricious .... that the said approval is valid and all permits issued are valid and of full force and effect."The Oct. 17th ruling followed after another joint motion to the Alabama Supreme Court to dismiss the appeal of Stankoski's original order to stop work (by The Retreat at Fairhope Village, LLC.) was granted by that court.
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| Judge's new order |
The Retreat at Fairhope Village LLC. was added as another defendant later (the "Intervenor").
(Sources say there was a private financial settlement of $225K between some parties as well. The city was not involved in the settlement.)
An amendment to the development was advertised for the November Planning Commission meeting but was pulled from the agenda due to the settlement, according to planning director Dyess.
 |
| Parker Road entrance. |
SITE PLAN APPROVED IN 2017
The planning commission approved the site plan in September of 2017, shortly after another lawsuit by a different group was decided in favor of the city and developer as well (click).
September 2017 Times report of site plan approval:
Comments
The Alabama "justice" system at work.