GULF SHORES ALA.
JULY 15 2007
A Baldwin County judge Tuesday reversed his earlier decision to try the Fort Morgan annexation battle between Gulf Shores and residents of the unincorporated part of the peninsula before a jury and will instead decide the case himself.
In a separate order Tuesday, Circuit Judge J. Langford Floyd rescheduled the trial, pushing it back from September to Oct. 23 after Andy Rutens, a lawyer for Gulf Shores, said he had scheduling conflicts with the earlier date.
The trial will be held at the Fairhope Satellite Courthouse, according to Floyd's order.
In a short hearing early Tuesday, attended only by Rutens and the Fort Morgan Civic Association's lawyer, Stephen Clements, Floyd granted the city's motion to reconsider the March directive, which called for the 4-year-old case to be decided by a jury.
Floyd said that aside from matters of procedure raised by Rutens, he preferred to hear the case himself so that he could freely discuss the complex dispute with lawyers as evidence was presented.
"I don't want to inadvertently influence (jurors)," the judge said.
In April 2003, the Gulf Shores City Council voted to annex the 19.3-mile-long Alabama 180 right of way that bisects the Fort Morgan peninsula.
Shortly afterward, the Fort Morgan Civic Association sued the city, seeking to reverse the move, which the city used to establish a border with and thus gain the ability to annex private property along the peninsula.
The civic association and three co-plaintiffs -- residents Ralph Gilges, Sarah DeMellier and former County Commissioner Charles Browdy -- argued in the suit that the city's move was an illegal form of annexation and would lead to over development of the ecologically fragile
In a separate order Tuesday, Circuit Judge J. Langford Floyd rescheduled the trial, pushing it back from September to Oct. 23 after Andy Rutens, a lawyer for Gulf Shores, said he had scheduling conflicts with the earlier date.
The trial will be held at the Fairhope Satellite Courthouse, according to Floyd's order.
In a short hearing early Tuesday, attended only by Rutens and the Fort Morgan Civic Association's lawyer, Stephen Clements, Floyd granted the city's motion to reconsider the March directive, which called for the 4-year-old case to be decided by a jury.
Floyd said that aside from matters of procedure raised by Rutens, he preferred to hear the case himself so that he could freely discuss the complex dispute with lawyers as evidence was presented.
"I don't want to inadvertently influence (jurors)," the judge said.
In April 2003, the Gulf Shores City Council voted to annex the 19.3-mile-long Alabama 180 right of way that bisects the Fort Morgan peninsula.
Shortly afterward, the Fort Morgan Civic Association sued the city, seeking to reverse the move, which the city used to establish a border with and thus gain the ability to annex private property along the peninsula.
The civic association and three co-plaintiffs -- residents Ralph Gilges, Sarah DeMellier and former County Commissioner Charles Browdy -- argued in the suit that the city's move was an illegal form of annexation and would lead to over development of the ecologically fragile
Since then, Gulf Shores has annexed more than 80 parcels along the peninsula and introduced new zoning rules there that limit resort developments to about half the height and density allowed elsewhere in the city.
In court, Floyd has twice rejected the civic association's requests for him to overturn the right-of-way annexation and the Alabama Court of Civil Appeals has declined to take up issues in the case.
Efforts to mediate the dispute have also failed so far, though both sides said in March that they were optimistic the case could be settled before reaching trial.
Floyd appointed a new mediator -- Mobile attorney Bill Wasden -- last month to replace Edward McDermott, who was unable to continue his role because he started serving as a Mobile County Circuit Court judge, according to court filings.
Clements said after Tuesday's hearing that he hoped depositions he has scheduled for Friday would provide his side the information it needed to revive mediation talks.
According to court records, Clements has subpoenaed developer David Head Sr., whose company built the Beach Club, a large Fort Morgan resort, and Ed Hand Sr. with the engineering firm Volkert & Associates for questioning Friday morning.
Though it's unclear what Clements intends to ask, the subpoenas request that both men bring all records and correspondence regarding the annexation as well as evidence of campaign contributions made to or business relationships with elected city officials in the current and former administrations.
In a February court filing, the city, though noting that the idea of annexing the state property "was raised multiple times over the past several years," described a meeting between then-
Mayor David Bodenhamer, Hand, Head and Head's lawyer, Sam Irby.
"Mr. Head brought up the issue of the city annexing the state property and the possibility he may want to have property he owned annexed at some future date," the city wrote, adding that "some time after this meeting" Bodenhamer approached state officials about bringing the property into the city.
Gulf Shores also wrote in the filing that a trio of others in the real estate business contacted City Hall before the annexation about bringing their Fort Morgan property into the city: Realtor Larry Powell, Kiva Dunes developer Jimmy Edgeman and Ron Owen, developer of the proposed Gulf Highlands condo project.
Hand acknowledged Tuesday that he had been subpoenaed and had prepared documents to bring to the Friday questioning, but said he didn't see what he could provide to help settle the case: "I don't have any idea what the questions are."
Head could not be reached for comment Tuesday afternoon.
In court, Floyd has twice rejected the civic association's requests for him to overturn the right-of-way annexation and the Alabama Court of Civil Appeals has declined to take up issues in the case.
Efforts to mediate the dispute have also failed so far, though both sides said in March that they were optimistic the case could be settled before reaching trial.
Floyd appointed a new mediator -- Mobile attorney Bill Wasden -- last month to replace Edward McDermott, who was unable to continue his role because he started serving as a Mobile County Circuit Court judge, according to court filings.
Clements said after Tuesday's hearing that he hoped depositions he has scheduled for Friday would provide his side the information it needed to revive mediation talks.
According to court records, Clements has subpoenaed developer David Head Sr., whose company built the Beach Club, a large Fort Morgan resort, and Ed Hand Sr. with the engineering firm Volkert & Associates for questioning Friday morning.
Though it's unclear what Clements intends to ask, the subpoenas request that both men bring all records and correspondence regarding the annexation as well as evidence of campaign contributions made to or business relationships with elected city officials in the current and former administrations.
In a February court filing, the city, though noting that the idea of annexing the state property "was raised multiple times over the past several years," described a meeting between then-
Mayor David Bodenhamer, Hand, Head and Head's lawyer, Sam Irby.
"Mr. Head brought up the issue of the city annexing the state property and the possibility he may want to have property he owned annexed at some future date," the city wrote, adding that "some time after this meeting" Bodenhamer approached state officials about bringing the property into the city.
Gulf Shores also wrote in the filing that a trio of others in the real estate business contacted City Hall before the annexation about bringing their Fort Morgan property into the city: Realtor Larry Powell, Kiva Dunes developer Jimmy Edgeman and Ron Owen, developer of the proposed Gulf Highlands condo project.
Hand acknowledged Tuesday that he had been subpoenaed and had prepared documents to bring to the Friday questioning, but said he didn't see what he could provide to help settle the case: "I don't have any idea what the questions are."
Head could not be reached for comment Tuesday afternoon.
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