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Gulf Shores Facing Lawsuit From Baldwin Sewer Service

News Staff • September 21, 2024

Problem stems from Fort Morgan wastewater treatment plant

Gulf Shores Legal News

Baldwin County Sewer Service LLC (BCSS) and South Alabama Utility Service Inc. (SAUS) have filed a lawsuit against the City of Gulf Shores, claiming the city’s actions have impacted their ability to operate their wastewater treatment business.


The dispute centers around the annexation of unincorporated land into Gulf Shores and the city's subsequent zoning regulations. BCSS and SAUS argue that these regulations restrict their ability to expand their wastewater treatment plant on Highway 180 in Fort Morgan.


The plaintiffs assert that the city's annexation of the property was improper, violating Alabama law by failing to properly advertise and file necessary documents. As a result, BCSS and SAUS claim their property should not fall under Gulf Shores' jurisdiction.


In the lawsuit, BCSS and SAUS also argue that the city’s zoning decisions classified their wastewater treatment facility as a non-conforming use, preventing upgrades necessary to meet growing demand during peak tourist seasons.


BCSS and SAUS are seeking a declaratory judgment to invalidate Gulf Shores’ zoning decisions and the annexation itself. They also request compensation for losses incurred due to delays and legal fees, claiming the city’s actions have caused financial harm to their business.


City officials, including Mayor Robert Craft and members of the city council, have yet to comment on the lawsuit. The case is ongoing in Baldwin County Circuit Court.


The full document is below...


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