Fairhope, Alabama
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| South Drive today. |
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| Blocked off in 2019. |
SETTLEMENT REACHED
A lawsuit against the city by the owner of a narrow strip of land where South Drive exits onto US 98 has been settled, according to court records and city sources.
The issue originated in May 2019 when owner Penelope Johnson decided she wanted to "use and develop" the 100' X 300' property she had bought in 2001 during a delinquent tax sale ... but which has been subsequently used for many years as a secondary street access to the massive Rock Creek/Sandy Ford neighborhoods.
The street was briefly blocked off at that time (2019) ... but then immediately re-opened by Fairhope police as a public safety issue.
Johnson's lawsuit then claimed the property was being illegally taken (condemned), but the city countered the road had already become a prescriptive easement right of way through many years of use and was now public property: had to be kept open for the public's safety.
Adam Milam was Johnson's attorney and Chris Williams of the Hand/Arendall firm for the city, according to court records.
The city council recently authorized $16K to settle the suit; the city is to get the deed to the property.
Councilman Burrell said he was "glad that is behind us and we have preserved the access for the people that use South Drive everyday to access US Hwy 98."
Mayor Sullivan declined to comment; she was not in office at the time the lawsuit was filed.
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| County plat. |
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