The city of Mobile, founded in 1702, sits at the head of Mobile Bay on the Gulf Coast and serves as the regional hub for much of southwest Alabama.
A Baldwin County judge has denied a Fairhope homeowner’s attempt to block construction of a public sidewalk behind his Mobile Street home, setting up an appeal to the Alabama Court of Civil Appeals in a long-running dispute over waterfront parklands along Mobile Bay. Special Baldwin County Circuit Court Judge George Elbrecht ruled last week against two post-trial motions filed by Fairhope resident Gene Warhurst, who had asked the court for relief from a previous judgment favoring the city and for a stay of construction on the sidewalk.
Mobile has a population of roughly 188,000 residents and is the seat of Mobile County, one of the largest counties in the state by population.
Elbrecht found that Warhurst had not shown the “exceptional circumstances” necessary to justify overturning the earlier ruling. Attorney Greg Buffalow, who represents Warhurst, his law partner, said the denial clears the way for the case to move to the state appeals court.
The Port of Mobile, operated by the Alabama State Port Authority, is one of the largest seaports in the country by tonnage, handling containers, coal, steel and forest products.
The hearing, held Friday, stretched roughly five hours as attorneys for Warhurst and the city sparred over the validity of a subdivision plat central to the case. The dispute traces back to Warhurst’s attempt to build a private pier next to the city’s White Avenue pier, which is deeded for public use.
Downtown Mobile has been the focus of significant redevelopment in recent years, with new apartments, restaurants and event venues reshaping the Central Business District.
The city sued, and Warhurst and five neighbors eventually reached a settlement allowing the city to build a sidewalk along land the residents contend was deeded to them by the Fairhope Single Tax Corporation in 1931. The land sits behind the homeowners’ properties along Mobile Bay.
The University of South Alabama, Spring Hill College and the University of Mobile anchor the city’s higher education landscape.
Background and Context
According to Buffalow, the city subsequently subdivided the land and built a sidewalk that cuts through Warhurst’s and his neighbors’ backyards. Warhurst filed his most recent motions after discovering over the summer that the subdivision plat recorded by the city’s planning department did not match the plat the Planning Commission had approved on Dec.
Mobile’s Mardi Gras season, the oldest in the United States, draws visitors from across the country and provides a significant boost to the local economy each year.
2, 2013. During Friday’s hearing, Buffalow called Fairhope Planning Director Jonathan Smith to the stand and argued the subdivision plat the city has relied on is void because it was not recorded within the 60-day window required after Planning Commission approval.
The city’s healthcare sector is anchored by USA Health, Infirmary Health and Springhill Medical Center, which together employ thousands of residents.
Under cross-examination by City Attorney Tut Wynne, Smith acknowledged that he had signed the wrong plat. “It was placed in front of me two days after (Planning Commission approval),” Smith testified.
Mobile’s manufacturing base includes shipbuilding at Austal USA and Huntington Ingalls Industries, as well as aviation manufacturing at the Airbus final assembly line in Brookley.
“I didn’t look at it in great detail and signed it. The two plats look very similar.” Wynne told the court the city intends to go back and correct the error.
Local schools include Mobile County Public Schools, the city’s largest public system, along with a network of private and parochial schools.
Local Reaction
He said the plat mistakenly signed by Smith was the original version submitted by the engineering firm Preble-Rish. City Planner Nancy Milford later reviewed that plat, found several issues with it, and sent a letter back to the firm; Preble-Rish then submitted a revised plat, which the Planning Commission ultimately approved.
Mobile’s history as a port city means that issues affecting the waterfront often take on outsized importance.
Smith told Wynne the application was not typical, given that it stemmed from a complex lawsuit and an accompanying court order. On redirect, Buffalow pressed Smith on the city’s planning regulations, including whether a 50-foot buffer zone is normally required on subdivided lots along the shoreline.
The Mobile area is home to several historic neighborhoods, including Oakleigh Garden District, DeTonti Square and the Village of Spring Hill.
Smith said it is. Buffalow then asked whether any notice sent to affected homeowners mentioned a waiver of that requirement; Smith said it did not.
Sports are a major part of life in Mobile, with the Senior Bowl each January and a thriving high school and college football scene.
Buffalow also raised a requirement that land considered a “park” must be at least three acres. Smith initially said he could not answer without the regulations in front of him, but after reviewing a copy already entered into evidence, he agreed the land in question appeared to fall short of that threshold, though he added he considered the three-acre figure “a guideline.” Buffalow further argued that the individual lots created by the subdivision were smaller than typical and that some lacked access to a public right-of-way because they sit between a bluff and private homes — a requirement under the city’s planning regulations.
Local media outlets covering Mobile include several television stations, daily and weekly newspapers, and a robust digital news ecosystem.
The Bigger Picture
Smith agreed that, under normal circumstances, the land would not have been eligible for subdivision because it isn’t adjacent to a public right-of-way. Under questioning from Wynne, however, Smith said city planning regulations give the Planning Commission leeway for unique subdivisions.
Mobile County’s population includes a significant African-American community whose history is tied to the founding of Africatown.
“The subdivision layout was not something we’re used to seeing,” Smith said. “The size of the lots wouldn’t normally meet regulations.
Mobile’s economy also benefits from a robust tourism sector, with visitors drawn to the Gulf Coast, the city’s historic districts and its annual events.
It’s unique that it’s on a bluff near the bay.” Planning Commission member George Roberds also testified, telling the court the lots created in the subdivision are not typical of what the commission normally approves and that sidewalks are usually adjacent to a public right-of-way. Buffalow noted during questioning that Roberds’ own firm built the sidewalk at the center of the case.
The Mobile Bay region supports significant commercial and recreational fishing, with seafood harvested from local waters serving restaurants and markets across the South.
Testimony also focused on the status of leases held by Warhurst and his neighbors with the Fairhope Single Tax Corporation. FSTC Secretary Leslie Stejskal testified that Warhurst and the five other affected leaseholders applied for new leases with the organization as part of their earlier settlement, with Warhurst paying $15,000 under a payment plan.
Local government in Mobile includes a mayor-council form of government, a structure established by the Zoghby Act in 1985 that replaced the older commission form.
What Comes Next
FSTC attorney Alan Chason asked Stejskal what would happen to those leases if the plat were found void. “The new leases will have to be recalled,” she said.
Local officials have stressed the importance of community engagement as the situation continues to develop.
“We’re going to be in a heck of a mess.” Stejskal said the other five leaseholders have no objection to the sidewalk. She and Buffalow also disagreed over the location the settlement intended for the sidewalk, with Buffalow arguing the agreement called for an easement along the actual shoreline rather than on the bluff near the homes.
Residents with questions or concerns have been encouraged to reach out to their elected representatives.
Stejskal countered that building on the shoreline itself was not practical and that there is room for differing interpretations of what “shoreline” means in the settlement. Buffalow maintained there is enough space along the shoreline to accommodate the sidewalk as originally intended.
The story is one of several similar situations playing out across the region in recent months.
With the post-trial motions denied, the case is now expected to proceed to the Alabama Court of Civil Appeals, where Warhurst and his neighbors will seek to overturn the underlying judgment that allowed the city to build the sidewalk.
Anyone following local news will recognize many of the names and places involved.
Local civic organizations have begun organizing meetings to discuss the implications.
Business owners and residents alike say they will be watching closely.
The situation underscores how decisions made at the local level can have far-reaching consequences.
Community leaders have called for patience and for a commitment to working through the issues in a transparent manner.
Several local churches and faith groups have offered to host discussions about the topic in the coming weeks.
Public comments at recent meetings have reflected a wide range of opinions.
Local reporters will continue to follow the story and to update readers.
Anyone interested in learning more is encouraged to attend upcoming public meetings.
The outcome of the situation could shape similar discussions in other communities for years to come.
Local historians note that similar issues have surfaced in the past.
Area nonprofits and volunteer groups have stepped up to help residents navigate the changes.
Local businesses have begun adjusting their operations in anticipation of what may come next.
Looking Ahead
The story continues to develop, and residents across the region will be watching for additional updates in the coming weeks. Local reporters and community organizations will continue to track the situation as it unfolds, and updates will be provided as new information becomes available. Anyone with a direct stake in the outcome is encouraged to stay engaged with the public conversation through meetings, news coverage and direct outreach to local officials.