MAGNOLIA SPRINGS, Ala. - A Baldwin County Circuit Court judge’s ruling states the plaintiffs in the lawsuit against the town of Magnolia Springs involving Rock Street and Rock Landing have riparian rights to the aforementioned properties and the town cannot begin alleged plans to turn the location into a "river access point."

The ruling was signed by Circuit Judge James Reid on April 26, and it states, “The town owns no riparian rights in and to the shore of the Magnolia River at Rock Street or that part of Rock Landing south of Rock Street, but rather those riparian rights are owned by (Lowell Steven Fuller, Deborah Kay Holcombe Fuller, Ronald Turner and Sheila Turner, the plaintiffs in the case) as the owners of the attingent lots…”

The ruling states the town cannot “develop, dredge, or construct” any additions or developments on or over the river waters. The ruling also states, “The town shall not construct, advertise, or maintain on Rock Street any parking or recreational facility, park, or boat dock…”

The lawsuit came on the heels of accusations by the plaintiffs that the town had plans to turn the areas located south of Oak Street into a river access location and "park."

The plaintiffs stated “the town cannot convert a street into a park” in earlier documents when referring to the town’s alleged plans.

The ruling states, “The Comprehensive Plan adopted by the town indicates a goal to develop Rock Street as a ‘local river access point,’ and that one or more members of the town council asserted a right of the town to construct a pier or boathouse over the waters of Magnolia River from Rock Street for public use…The town is without authority to construct any improvements into or over the waters of the Magnolia River from Rock Street or Rock Landing south of Rock Street in that the town does not own the riparian rights from Rock Street or Rock Landing to the shores of Magnolia River…”

The public use rights — such as “pedestrian of vehicular traffic” or the ability to walk into the river and launch only certain boats, kayaks, canoes or floats that can be physically carried by residents into the water — include only those which are not reliant on the town’s riparian rights ownership.

Town's goals

Brad Hicks, the town's attorney, said the town had two main goals heading into the lawsuit: to protect the right of town residents to access the Magnolia River and for future councils to have the right to make improvements or developments to Rock Landing. The residents still have rights to access the river, but the town does not have the right to make changes to the properties.

"The town's main goal was to protect the long-standing public use of Rock Street and Rock Landing to access the Magnolia River," Hicks said. "The court allows the public certain limited access to the river. The town was also hoping to protect the right of future councils to construct any improvements on Rock Landing which would be necessary for the use, enjoyment and benefit of the public. The town didn't have any immediate plans to construct any improvements but was interested in preserving that right. Unfortunately, the court's order does not allow the town to construct any improvements on Rock Landing now or in the future."

Hicks said the river accesses "were dedicated to the public over 100 years ago and have always been used by the public to access Magnolia River," and protection of that right was the primary goal.

The Magnolia Springs Town Council went into executive session at Tuesday's work session to discuss with the town's attorney "legal ramifications and pending litigation" and any options the town may have in regards to the ruling.

"We are considering (an appeal) now and have not made a decision," Hicks said.

A trial was held March 7. Repeated attempts to get in touch with the plaintiffs were unsuccessful.