FAIRHOPE, Ala. — A county court’s decision on a legal motion pending for more than a year is expected soon and could end the case involving an eight-story condominium development in Point Clear, according to attorneys on both sides of the …
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FAIRHOPE, Ala. — A county court’s decision on a legal motion pending for more than a year is expected soon and could end the case involving an eight-story condominium development in Point Clear, according to attorneys on both sides of the dispute.
“Since the Alabama Supreme Court’s denial of a writ of certiorari (in a related case), both parties have filed supplemental briefs,” said Ken Watson this week, who represents the plaintiff Fairhope-Point Clear Association for Responsible Development against defendant Point Clear Partners. “We are expecting a ruling in the case in the not too distant future.”
Baldwin County Circuit Judge Charles C. Partin entered an order Nov. 21, 2007, stating he would not make a ruling until there was a final decision in Dyess v. Bay John Developers II, a case involving a condominium development in Gulf Shores.
The state Supreme Court refused to hear that case in January, ending the litigation.
The parties in the Point Clear case differ on what they believe to be the key issues in the case, but one issue involves whether the The Colony at the Grand should have been restricted to five habitable floors.
It now has eight floors and 56 units, three of which have been sold, said Jason Tickle, project manager.
“We have moved forward with the club amenities and finished the lake expansion and beach,” said Tickle. “The pool, tennis and dining facilities will be finished in mid-summer. The project will ultimately be a 628-unit addition to the community. We’re very excited about the project.”
Tickle said the price on the project’s Web site, stating that units start at $700,000, was listed there before economic conditions changed recently, and the pricing structure has not been updated.
“I think the case is ready for the court’s ruling, and we expect a decision any day now,” said Allan Chason, attorney for the defendant. “We don’t think we need a trial. (The court) just has to grant the (summary judgment) motion and end the case.”