MONTGOMERY, AL – According to a lawsuit filed on April 8 in the Circuit Court of Montgomery County, a former commissioner of the Alabama Department of Conservation and Natural Resources is challenging the use of BP funds to rebuild the Gulf State Park Lodge.

Charles Grimsley’s suit says it is “to obtain an order restraining … state officials … from further unlawfully disbursing state funds, an order for an accounting of all unlawfully disbursed state funds and an order requiring restitution of such unlawfully disbursed state funds.”

Named as defendants are Gov. Robert Bentley, Attorney General Luther Strange, current Commissioner of the Department of Conservation and Natural Resources Gunter N. Guy, Finance Director William Newton and Director of the Gulf State Park Project Cooper Shattuck.

Current work includes dune restoration and foundation work is underway, Grimsley says, illegally funded by BP grant money.

Grimsley claims that the Gulf State Park Project Act passed in 2013, the lawsuit states, the state could only use funds from National Resource Damage Assessment funds or from RESTORE Act money. It further states if that money is unavailable after Dec. 31 then the act would automatically be repealed on Jan. 1 of this year.

The state was awarded about $85 million in NRDA funds for the project, but that is also being challenged in another lawsuit. The bulk, $58.5 million, was earmarked to build a new on-beach facility Bentley was at first calling a hotel and convention center.

More than $27 million is allocated for a series of environmental improvements throughout the park including a research and education facility for students, trails and dune restoration.

In February Federal Senior District Judge Charles R. Butler’s office issued a ruling blocking the expenditure of $58.5 million in NRDA money on the lodge.

Recently, $50 million of BP money was added to the pot, making it a more than $130 million endeavor.

The lawsuit says Shattuck said in March “the current work on the lodge is being funded with monies awarded the project last year from grant funds provided by BP in 2010.”

Grimsley argues since the grant was awarded in 2010 and the Gulf State Park Project Act wasn’t enacted until 2013 that “no grant funds provided by BP in 2010 are authorized by the Gulf State Park Project Act to be spent on the Gulf State Park Project as described.”

The suit further states “the defendants have boldly, unlawfully and hastily proceeded to spend state grant funds. … This unlawful and illegal spending will continue unabated unless restrained by an appropriate order issued by this honorable court.”