Another New Planning District Challenged

Fairhope, Alabama 

 Update: This is case # cv-2022-900878

 

District 37 in light red.

 

NEW COUNTY DISTRICT 37

Robert Randall the owner of 32 acres north of Highway 104 east of Saint Michael Way has filed a lawsuit against the Baldwin County Commission alledging mistakes were made in the referendum to enact zoning for new county planning district 37, east of Fairhope city limits. 

In the lawsuit, Randall says he purchased the property in 2017 with intention of developing high density residential apartments there on the then-unzoned property; but in November of 2021 the county commission authorized a zoning referendum there for new planning district 37 which was ultimately successful (February 2022) that excluded high density residential/commercial on his land.

Randall claims the boundaries for the new district (including his land north of Hwy 104) were not drawn up according to Alabama law ... and the referendum itself was not properly advertised in newspapers: he was unaware of it.

Subsequently Judge Stankoski dismissed the lack of advertising claim, but other claims remain.

Randall is seeking compensation and to invalidate the referendum.

[Note: An early version of this apartment project was once called 'Higbee Farms' and was presented to the Fairhope Planning Commission when it was still in its unzoned jurisdiction in 2018 (click).]


Hwy 104 property.


Comments

Anonymous said…
Sorry Mr. Randall, nobody wants your HDR apartments and commercial buildings around here, especially on land that is too flat to drain. This is exclusively a single family residential area.
WiseGay said…
Thankfully the people there were smart enough to enact zoning or this would already be under construction there.
Anonymous said…
WiseGay I am not so sure about that. Mr. Randalls land is so flat that it cannot drain, so it is difficult to get a project done at a reasonable cost. I think he made a bad land purchase that had unworkable drainage issues and is now trying to recoup his bad investment with a lawsuit.
Anonymous said…
Perhaps Mr. Randall could help us all out and keep that stretch rural. We definitely need some green space gaps. It is interesting how humans continuously ruin a good thing, isn’t it?

Anonymous said…
Fools rush in
Anonymous said…
sprawl or apartments are the options.