FAIRHOPE, Ala. — For critics tired of Paul Ripp’s impassioned and often angry comments at municipal meetings during the past year, his frequent threats to file a lawsuit over what he says is a local environmental catastrophe, his apparent antics …
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FAIRHOPE, Ala. — For critics tired of Paul Ripp’s impassioned and often angry comments at municipal meetings during the past year, his frequent threats to file a lawsuit over what he says is a local environmental catastrophe, his apparent antics might have characterized him as crying “wolf” or worse.
But late Wednesday afternoon, he carried through on that oft-stated promise when his attorney, Adam Milam of Fairhope, filed a class action in state circuit court in Baldwin County against the city of Fairhope, the developer of the Publix Super Market and others connected to that project at the corner of Green and Parker roads.
“The lawsuit is based on accountability,” Ripp said this week. “There’s been no accountability for that project and, indeed, some people have been rewarded for bad behavior. Ultimately, this lawsuit will lead to accountability.”
The 27-page lawsuit names Regency Centers Corp., Fairhope LLC, Volkert & Associates, Sun Belt General Contractors, Summit Industries LLC, city of Fairhope, Baldwin County Commission and others, alleging claims of nuisance, negligence, wantonness and trespass and inverse condemnation against the various defendants. Ripp and Tom and Lisa White are the named plaintiffs in the case.
In September, Fairhope LLC, which is affiliated with Regency Centers Corp., which developed the Publix Super Market and shopping center, was fined $11,000 by the state environmental agency for alleged violations of federal clean water laws at the construction site.
Efforts to contact Regency Centers for comment were unsuccessful, and the Fairhope city attorney said he had not seen the lawsuit complaint and could not comment until he had.
“I’ve had an opportunity to read the entire lawsuit, and I think it is a very thorough complaint of everything that was done improperly and in violation at the site,” Jackie Wavrunek, of Fly Creek Preservation Association, said. “Damage to Fly Creek is particularly catastrophic. I’ve been photo-documenting that damage since June 2008, and from my observations, very little effort was even made to keep all the red clay on the site of Fly Creek.”
Last year, Ripp brought a different lawsuit in his own name objecting to different issue but also complaining about the decision-making process at the city’s planning department and commission.
“There was a considerable amount of time put into this lawsuit,” Ripp said about the lawsuit filed Dec. 10 at 4:40 p.m. “Some 300 to 400 documents I have were gone over (with my attorney). “This was not taken lightly. There are many many people that are going to have to answer some very very difficult questions.”