Fairhope, Alabama
Update: 68 Ventures intends to file the same case in state court, according to media reports.
 |
| Summary judgement for dismissal. |
68 VENTURES VS. CITY/PLANNING COMMISSION
The remaining part (Count II, "denial of due process") of a $10 million federal lawsuit against the city and planning commission by a Spanish Fort developer concerning denial of proposed multiple occupancy townhome/apartment projects on Dyer and Lawrence Roads in 2022 (click) was dismissed by Judge William Steele earlier this week, with prejudice; the other three Counts of the suit were dismissed last year, April 2023.
Chris Williams of the Hand Arendall Firm was lead attorney representing the city.
Plaintiff 68v BTR Holdings still has the option to appeal.
Case History: The federal suit was filed on October 27 2022 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.
 |
| Dismissed with prejudice. |
Comments