Planning Commission Sued By Town Home Developer

Fairhope, Alabama 

 

'The Gables' on Lawrence Road.

'Skyline Village' on Dyer Road

 

FEDERAL LAWSUIT FILED

The Times has learned that Spanish Fort developer 68V BTR Holdings, Llc is suing the Fairhope Planning Commission/City of Fairhope for allegedly violating the corporation's civil rights when it denied two multiple occupancy projects on Dyer Road and Lawrence Road respectively, in the city's planning jurisdiction (but outside city limits).

The federal suit was filed on October 27th alleging even though their development plans "met all requirement of city ordinances and subdivision regulations ... the (Planning) Commission voted to disapprove (them) after several citizens objected to lower income developments" in their neighborhoods.

"Denial of due process" under the 14th amendment of the U.S. Constitution (42 USC Sec. 1983) is one action reason cited by the plaintiffs; $10 million compensation is sought by jury trial in U.S. District Court Southern District of Alabama, Judge Sonja Bivins presiding.

The 'Skyline Village' project was proposed for 16.5 acres on the south side of Dyer Road just east of Greeno Road (near Volanta Park) -- and 150-unit 'The Gables' for 19.2 acres on the east side of Lawrence Road south of CR 48 (1/2 mile east of Walmart).

The Rose Law Firm of Little Rock, AR. represents the plaintiff, according to court documents.

 

IN NEW PLANNING DISTRICT 37

At the time the proposals were submitted for approval, both were outside of city limits in un-zoned Baldwin County; subsequently however, citizens living there in February of 2022 voted to enact county zoning District 37. The new zoning would not permit multiple family town homes developments on the parcels involved either, without a re-zoning request to do so.

Both of these projects were already in the "application pipeline" before the Feb 15 zoning referendum and before the city's MOP/Subdivision moratorium took effect in January 2022.

NO REPLY FROM CITY YET

Since the lawsuit is so new, city attorneys have not had time to reply yet on the record; Hand Arendall Harrison Sale llc. law firm usually represents the city in such matters.

Hansen Babington is the agent for 68V BTR Holdings, according to corporation documents; he is also chief financial officer for 68 Ventures Inc. according to online records.

Plaintiff's complaint.

 

 

 

 

The devlopers of the propsed Skyline