Recommendation Concerning Town of Repton, AL, et al. v. Conecuh County Commission, et al. (Case No. 21-CV-900033.00, Conecuh County, AL Circuit Court).
That the Board accept the following informational report concerning Town of Repton, AL, et al. v. Conecuh County Commission, et al. (Case No. 21-CV-900033.00, Conecuh County, AL Circuit Court). |
On August 6, 2013, Judge Smithart granted the summary judgment motions of the Town of Repton, Escambia County, FL, Town of Century and Escambia Soil and Water Conservation District and entered a final judgment in favor of all plaintiffs and intervenors. As a result, the judgment prevents the construction of a regional landfill in Conecuh County, Alabama which would have accepted solid waste from over twenty states. Conecuh Woods, LLC proposed and applied for a permit to construct the landfill and was the only defendant to oppose the motions. It is not known whether Conecuh Woods, LLC will appeal the final judgment. Under the Alabama Rules of Civil Procedure, Conecuh Woods, LLC has 30 days to file an appeal.
At its February 17, 2011 meeting, this Board adopted a resolution opposing the proposed Conecuh Woods Landfill which was delivered to various Alabama officials and the Conecuh County Commission. The proposed 5,100 acre landfill would have included a 1,600 acre "disposal cell" to be located near the Big Escambia Creek. Big Escambia Creek flows southward into Escambia County, Alabama through Flomaton and drains through the North Escambia swamp in the Escambia River which flows through our county.
The Conecuh County Commission approved the application of Conecuh Woods, LLC for the landfill in March 2011. Upon the approval of the application, the Town of Repton and its Mayor, Terri Carter, filed suit against the Conecuh County Commission and Conecuh Woods, LLC seeking a declaratory judgment that the approval of the application was arbitrary and capricious and in violation of applicable state law. The Town also pursued a petition of writ of certiorari asserting that the Commission failed to ensure adequate public opportunity to comment on the proposed landfill and sought an injunction blocking the construction of the proposed landfill. On June 16, 2011, the Board approved the intervention of Escambia County, Florida into the litigation.
The Town of Repton and the Mayor and their attorneys, Balch and Bingham, requested not only Escambia County, Florida to participate in the litigation but several other Alabama local governments. Eventually, the cities of Atmore, Brewton, Flomaton and Orange Beach and the County of Escambia in Alabama joined in the lawsuit. From Florida, the Town of Century and Escambia Soil and Water Conservation District became intervenors. The Board also approved the County Attorney's Office to represent the Town of Century and the Escambia Soil and Water Conservation District without requiring payment of attorneys' fees as the County Attorney's Office was required to retain local counsel to make an appearance in the Alabama courts.
The County Attorney's Office wishes to express its sincere thanks for the advice and services of lead plaintiffs' counsel, Balch and Bingham, and of local counsel, Hand Arendall, LLC, in particular, attorneys Hodge Alves and Wes Hunter and paralegal Cindy McCarthy for achieving this successful result. They deserve this Board's congratulations as well. |