A Litany of Lawsuits 

"The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws." ~ Ayn Rand

The Town of Magnolia Springs vs The illegal Carport:  The Town voted at the most recent Town Council Meeting to "pursue legal action" against a resident who built a carport on their property without permission.  Once permission was applied for after the fact, the Town denied the permission for the structure.   Off to court we go....

The Town of Magnolia Springs vs.  Lowell S. Fuller (3/1/2013):  The case of Rock Landing

On August 16, 2011, the trial court entered an amended final judgment (hereinafter “the August judgment”). In the August judgment, the court again held that the Town had no riparian rights to the River, but it held that the Town was nonetheless entitled to construct improvements for a boat launch, a boat dock, and/or a pier along the River to be used in connection with a public landing. The court also determined that, although Rock Street could not be converted to use for a parking or recreational facility or park, it could be used for “temporary parking for the purpose of launching a boat, kayak, canoe or other float at Rock Landing.” The Fullers and the Turners filed a motion to alter, amend, or vacate the August judgment, pursuant to Rule 59(e), Ala. R. Civ. P., which the trial court denied. The Fullers and the Turners filed a timely notice of appeal. The Town filed a cross-appeal. 

Town Legal expenses:

The Town of Magnolia Springs vs Lee and McKerall  The case of Pecan Grove (special term Supreme Court Alabama, 2013)

The Town of Magnolia Springs lost at the Supreme court, with $735,000 awarded to Lee. 

Deidre W. Lee and Samuel G. McKerall appealed the grant of summary judgment in favor of Town of Magnolia Springs Mayor Charles Houser and Town Councilman Robert C. Holk. The Town of Magnolia Springs and the Magnolia Springs Planning Commission (the remaining defendants in the underlying action), appealed a judgment entered on a jury award to Lee and McKerall. In 2005, Lee purchased 47 acres of property in Baldwin County. In 2006, she submitted an application for preliminary subdivision-plat approval detailing a 124-lot residential subdivision to the Baldwin County Planning Commission. The Town of Magnolia Springs incorporated in June 2006, six months before Lee submitted her plat application to the Baldwin County Planning Commission. The first mayor and council for the Town of Magnolia Springs were sworn in 13 days before Lee submitted her application to the Baldwin County Planning Commission. When Lee submitted her application, the Town of Magnolia Springs had no jurisdiction over Lee's property, and only the Baldwin County Planning Commission had the authority to consider Lee's application because her property was outside the town limits. The Baldwin County Planning Commission tabled Lee's application. The Town of Magnolia Springs' mayor informed the Baldwin County Planning Commission that the jurisdiction of Magnolia Springs would extend to include Lee's property and that Magnolia Springs intended to pass a moratorium on subdivision approvals because "a couple of [the town's] council members ... have been involved in ... trying to get [Lee's plat application] delayed." He also acknowledged that Magnolia Springs had "no rules and regulations" regarding applications for preliminary subdivision-plat approvals. Lee sued when the plan was ultimately denied. After careful review, the Supreme Court affirmed the judgment in favor of Lee against the Town of Magnolia Springs and its planning commission, as well as the summary judgment in favor of Houser and Holk, and pretermitted any remaining issues. The Court held that McKerall's claims against the Town of Magnolia Springs and its planning commission were barred by his failure to timely file a notice of claim, and reversed the judgment in his favor.

Town legal expenses:

The Town of Magnolia Springs vs Kenneth Challener (Filed 2021)

The case of the missing boathouse.  Lawsuit filed, file judgement imminent.

Town legal expenses:

The Town of Magnolia Springs vs BP Exploration and Production, INC ( filed 4/19/13)

https://dockets.justia.com/docket/alabama/alsdce/1:2013cv00215/53987.  Case is pending

Town legal expenses:

The Town of Magnolia Springs  and Magnolia Landing (new and upcoming):

Summary:

Town legal expenses: