Fairhope, Alabama
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Dyer Road project |
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Lawrence Road project. |
STILL IN DISCOVERY PHASE
State court records indicate Daphne developer 68 Venture's lawsuit against the city and its planning commission is still in the discovery stage where evidence is gathered by both sides. The suit claims the city erred in denying separate multiple-occupancy projects on Dyer and Lawrence Roads in 2022 (called Skyline and The Gables respectively). An earlier federal lawsuit was dismissed last year.
The court recently denied "protective orders" for two prime witnesses, according to the records.
From our July 2024 report: Daphne-based developer 68 Ventures/BTR Holdings Llc. has sued the
city and planning commission in Baldwin County circuit court for
allegedly inappropriately-denying two town home projects (264 units
total) in 2022, one on Dyer Road and the other Lawrence Road -- just
outside city limits.
An earlier federal lawsuit seeking $10 million in damages on mostly civil rights grounds was dismissed earlier this year.
The
new suit, in state court this time, seeks unspecified compensatory
damages -- and to have the projects approved. (Case CV-2024-900981.00)
Negligence, and denial of due process are among actionable issues cited.
Judge is Scott Taylor. Plaintiff's attorney is Joe Epsy (Melton, Espy, and Williams firm of Montgomery). Chris Williams of the Hand Arendall firm is city's lead attorney again.
(Here is a link to our 2022 report about the Skyline denial - click)
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