Court Denies Motion to Dismiss Fly Creek Apartments Lawsuit Against Fairhope, Developer
A court has denied the defendants' motion to dismiss a lawsuit by Friends of Fly Creek challenging a Fairhope apartment development, allowing the case to proceed to discovery.
FAIRHOPE, Ala. — A court has denied a motion to dismiss the Fly Creek apartments lawsuit brought by Fairhope residents opposed to the development, allowing the case to proceed to the discovery phase.
The Parties
The plaintiffs, a group called Friends of Fly Creek, sued the City of Fairhope, the Fairhope Planning and Zoning Commission, the Fairhope City Council and the developer, Leaf River Group LLC. The defendants had asked the court to dismiss the case.
The claims in the lawsuit have not been decided by the court. The ruling on the motion means only that the case will continue.
Earlier Criticism of the Suit
In June, members of the Planning and Zoning Commission voiced frustration with the litigation and called the lawsuit “frivolous.” George Robards, a city contractor, also described the suit as frivolous.
What Comes Next
With the motion denied, the defendants may be required to produce documents and other records during discovery.
Under the terms of the zoning approval, Leaf River Group has one year to begin construction. If it does not, the property reverts to its original zoning, which does not permit apartments.
