FAIRHOPE, Ala. — A county court judge ruled last week against the defendant Point Clear Partners in a motion that has been pending since November 2007, clearing the way for a trial involving an eight-story condominium development in Point Clear.

“He denied the motion for summary judgment,” said Allan Chason, attorney for PCP, the developer of The Colony at the Grand project. “We now have to have a trial to decide who wins. (The judge) had an opportunity to end the proceedings at this stage but did not do that. That doesn’t mean that he won’t later rule that the county didn’t have the authority to restrict the height of the building.”

On Wednesday, April 29, Baldwin County Circuit Judge Charles C. Partin denied the defendant’s motion in a one-sentence order and set a pretrial conference for June 2.

It is expected the court will set a pretrial discovery schedule and trial date at that time, attorneys for both sides said.

“The developer got a building permit from the city that exceeded what the county had approved and began construction,” said Ken Watson, attorney for the plaintiff Fairhope-Point Clear Association for Responsible Development. “We are requesting that the construction be consistent with what the county approved.”

In November 2007, Judge Partin entered an order that he would not rule on defendant’s motion for summary judgment until an appellate case in Alabama involving a condominium development in Gulf Shores was finally decided.

The Alabama Court of Civil Appeals ruled in favor of Baldwin County in Dyess v. Bay John Developers II, and the developer appealed. The Alabama Supreme Court refused to hear that case in January, ending the litigation.

The parties in this case filed supplemental briefs in light of the state Supreme Court’s decision, and the judge ruled last week in favor of the plaintiff.

“There are a number of things that the court could do,” said Watson, refusing to speculate on the remedies the court might order if the plaintiff prevails in the litigation.

However, Watson did not rule out the possibility that the court could force a change in the structure of the eight-story, 56-unit condominium tower already completed. He did say that other buildings are contemplated in the development that the court could address in its final order.

The case was filed by the nonprofit group FPCARP and Robert Callahan Sr. against PCP and the city of Fairhope, claiming that the building permit issued by the city in April 2006 was invalid. That permit allowed the developer to build eight “habitable” stories containing 56 condo units.

The city is represented by attorneys with the Hand Arendall firm in Mobile.

According to the plaintiff’s legal filings, one of the main issues involves the fact that a prior property owner and developer of the project received approval for a site plan from Baldwin County in April 2001 for a number of buildings, none of which could have more than five habitable stories.

The property changed hands in 2004 without any construction having started.

The new developer, PCP, then applied with the city, not the county, and received the permit to build a different project with more habitable floors.

“This case is not about a height restriction,” Watson said in November 2007. “We’re looking at it more from a density standpoint. We think the county did have the authority to approve the site plan.”