GULF SHORES, Ala. - The possible upcoming settlement of a 2003 lawsuit against the city was the main attraction at Monday night's regular meeting of the Gulf Shores City Council. According to Mayor Billy Duke, the suit brought by the Fort Morgan Civic Association (FMCA), deals with land owned by the Alabama Department of Conservation along Fort Morgan Road that was annexed into the city.

  “The issue made in the lawsuit by FMCA is that the annexation violated so-called lasso laws which prohibit cities from simply annexing right-of-way to boost size” Duke said. “But this was definitely not the situation in this case because the land annexed is fee simple land owned by the conservation department.”

  Councilwoman Carolyn Doughty said she had been under the impression that council was going to vote Monday night on the approval or rejection of Duke’s signing of the settlement agreement. “The way I understood it is that we were both going to meet tonight in our respective meetings and decide whether or not we approve the terms,” Doughty said.

  However, City Attorney David Whetstone told council the FMCA had rescheduled its meeting to review the terms until next Monday in lieu of a Christmas party. Whetstone said he had talked to the mediator of the case earlier in the day Monday and was assured council could move forward in making a decision on the terms if it so desired.

  The terms of the agreement, which have been kept private thus far, will have to be released to the public before council can approve Duke’s signature. The terms are the result of discussions between Duke, Doughty and Councilman Philip Harris and representatives of FMCA.

  “It’s been a long process getting where we are today and I think we should wait until they have a chance to meet so these terms do not become public first,” said Councilman Robert Craft. “If we vote on this tonight, we must make these terms public giving the opportunity for them to be published in the newspaper before they’ve had a chance to look at them.”

  Council agreed to table the item and pick it up Monday, Dec. 17, during the next regular meeting which has been rescheduled due to Christmas Eve on Dec. 24.