FAIRHOPE, Ala. - The trial scheduled for today involving a dispute over city plans to build a wooden landing on Mobile Bay at the western end of Nichols Street has been continued to March 14.
Property owners adjacent to where the landing would be …
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FAIRHOPE, Ala. - The trial scheduled for today involving a dispute over city plans to build a wooden landing on Mobile Bay at the western end of Nichols Street has been continued to March 14.
Property owners adjacent to where the landing would be built filed a lawsuit against the city of Fairhope in Baldwin County circuit court in June. The lawsuit seeks to block the proposed construction of two waterfront decks connected by a staircase between the bay front houses of plaintiffs Gardiner Green and Thomas Millette.
A scheduling conflict last week by plaintiffs’ attorney Daniel Blackburn of Bay Minette led to the case being rescheduled until next year. Blackburn planned to depose Mayor Tim Kant and Public Works Director Jennifer Fidler Wednesday afternoon but was not able to make those appointments due to a scheduling conflict, he said. Alternative dates later in the week did not work for City Attorney Marion “Tut” Wynne.
Both attorneys approached Circuit Judge Robert Wilters regarding the scheduling conflict for the depositions, who continued the case to March next year, Blackburn said.
“It’s a relatively young case,” Blackburn said Monday afternoon. “Even if we try it in March, that would still be a relatively prompt resolution of a case filed in June.”
Local residents have sought an overlook landing at the bay like one at White Street for more than a decade, according to statements made at City Council meetings this year.
A temporary restraining order in the case was lifted in September after Judge Wilters denied plaintiffs’ motion for a preliminary injunction. Although Fairhope is not blocked now from building the structure, the city has decided to await the outcome of the case before starting construction, according to city staff.
The plantiffs plan to appeal should they lose at trial, Blackburn has said.