FAIRHOPE, Ala. - After a yearlong court battle and more than a decade of advocacy, the city and nearby residents will soon have a public access landing at the western end of Nichols Street overlooking Mobile Bay.

"The city wanted this matter to be resolved in a way that would be a win-win for the public’s access to the bay and for the neighbors that border the right of way," said City Attorney Marion "Tut" Wynne.  "Hopefully this has been achieved for the benefit of the public and in a way that is not detrimental to the citizens that border the access area."

On Aug. 8, the City Council authorized Mayor Tim Kant to settle a lawsuit filed in July 2010 by two bay front residents who sought to block construction of the landing. At the time, plans were to build two wooden decks and a connecting staircase, similar to the public access landing area a block north, which also includes a public pier. 

A paved patio overlook will be constructed instead of the larger project, according to the proposed settlement, Kant said Monday.

“I think construction is going to start any day now,” said Dale Cunningham, who lives nearby and with other neighborhood residents has advocated for a public landing there for more than a decade. “It is a fabulous thing, and the people on Nichols Street are so excited that we will finally have a place to go and watch the sunset and to sit in the evening. It’s been a long time coming, more than 10 years.”

The settlement will end the case of Gardiner Green and Thomas Millette, who lost a state court trial earlier this year and then appealed. 

"My clients are pleased with the settlement, and we appreciate the city's efforts in resolving the matter," said Daniel Blackburn, the plaintiffs' Bay Minette attorney.

In other business, the council:

** Delayed consideration of the appointment of Bob Riggs to the city’s Financial Advisory Committee until the council’s Aug. 22 meeting.