Nichols Street public landing lawsuit awaits judge’s ruling

Posted 3/27/11

FAIRHOPE, Ala. - The lawsuit filed by two Fairhope residents to block the city’s construction of a bay front public access landing at the western end of Nichols Street is now in a county judge’s hands.

The lawsuit was tried March 14 before …

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Nichols Street public landing lawsuit awaits judge’s ruling

Posted

FAIRHOPE, Ala. - The lawsuit filed by two Fairhope residents to block the city’s construction of a bay front public access landing at the western end of Nichols Street is now in a county judge’s hands.

The lawsuit was tried March 14 before Baldwin County Circuit Judge Robert Wilters at the Foley Satellite Courthouse.

During a report at the City Council meeting that night, Public Works Director Jennifer Fidler, who attended the trial, said the judge asked for a legal brief on the issues from the plaintiffs within two weeks and a reply by the defendant two weeks later. So, a decision by Wilters is expected no sooner than mid-April.

The lawsuit was filed last July by Gardiner Green and Thomas Millette, who own bay front homes on each side of where Nichols Street dead ends at Mobile Bay. They are represented by Bay Minette attorney Daniel Blackburn, and Fairhope City Attorney Marion “Tut” Wynne tried the case for the city.