FAIRHOPE, Ala. — Construction started Monday to change how traffic will flow near the north Fairhope entrance at the so-called “Dyas Triangle” property and at the eastern intersection of Alabama Highway 104 and U.S. 98.

“The goal of the project is to eliminate the dangerous crossing for traffic turning northbound on U.S. 98 from (Veteran’s Drive),” said Jacob Cunningham, the owner of Summit Industries LLC. “The project should take about 60 to 90 calendar days.”

The construction began despite a lawsuit filed April 4 against the city of Fairhope and Mayor Tim Kant to stop that project. Other demands are made in the claim as well.

“The city and mayor are disappointed that the Triangle property owners have chosen to litigate over this property for the third time in recent years,” said Caine O’Rear, one of the lead attorneys representing the city and mayor. “As before, the city has proceeded rationally and reasonably with respect to zoning of this property, and we are confident that the lawsuit will be ultimately resolved in favor of the city and the mayor.”

The City Council voted March 6 to award the road project contract to Summit Industries for the low bid amount of $632,389, said Ken Eslava, assistant public works director for the city.

“(It is) a joint project between the Alabama Department of Transportation and the city of Fairhope, with ALDOT and the city sharing the Highway 104/U.S. 98 improvements equally,” he said. “The city will bear the costs of improvements at the other two intersections.”

The project will involve adding turn lanes at all three intersections of U.S. 98 and Highway 104, Highway 104 and Veteran’s Drive, and Veteran’s Drive and U.S. 98, he said.

Northbound traffic on North Section Street will be routed to the east on Highway 104 because left turns from Veteran’s Drive onto U.S. 98 will be changed to allow only right turns to the south. In short, to get north on U.S. 98 from Section Street will require turning right — east — on Highway 104 and then left — north — on U.S. 98 at that intersection, where a traffic light is located.

At the March 6 meeting, Eric Dyas spoke against the project, arguing that the planned rerouting of traffic would harm his family’s attempts to develop the Triangle and adjacent property on the north side of Veteran’s Drive currently zoned as the Village North Planned Unit Development.

“It has been generally understood for many years that the solution to the problems that have existed at the intersection of U.S. 98 and (Veteran’s Drive) would be addressed through the installation of a traffic signal at that location,” Dyas wrote to Mayor Tim Kant in a Feb. 13 letter that was included in the minutes of the March 6 council meeting. “The Village North PUD was developed with that understanding clearly in mind. I am at a loss to comprehend why the city would now propose an alternative solution particularly when such solution is more expensive, will result in significant amounts of additional traffic being routed next to a neighborhood that vehemently opposed proposals believe to result in increased traffic, and will so adversely impact our previously approved development.”

The Village North PUD has itself been the subject of controversy.

During a December hearing, the majority of approximately 300 people at the Fairhope Planning and Zoning Commission meeting opposed plans by the Village North developer to increase the size of a grocery store to “big box” dimensions acceptable to the Publix supermarket chain’s plans to locate a store there.

The commission recommended denial of the change in the PUD. A second attempt to increase the grocery store to an even larger size was withdrawn from the commission’s agenda a few hours before its consideration at the April 7 meeting. Many of the people who turned out for that meeting learned that the Dyas family had filed a lawsuit against the city and Kant three days earlier on April 4.

The lawsuit alleges that the city and Kant conspired with unnamed defendants “for the purpose of depriving plaintiffs of their vested rights in the Village North PUD approved by the city of Fairhope in 2002.”

Although one demand in the case is to stop the proposed traffic project near the Triangle property, an attorney for the plaintiffs confirmed that no hearing for an injunction or other matter to block that project has been requested, and that no hearing regarding the case is scheduled before Circuit Judge Charles Partin.

Eslava said the official “notice to proceed” occurred about three weeks ago, leaving approximately 69 days in the 90-day project.

“The east side of U.S. 98 on Highway 104 is to be completed first, with work on the west side of U.S. 98 being performed simultaneously, but being completed later than the east side because of the great amount of work involved on the west side of U.S. 98,” Cunningham said. “So far, we installed some drainage on the west side of U.S. 98 and partially constructed the turn lane on the north side of Highway 104 and east of U.S. 98.

“The project is moving as planned.”