The Fly Creek Apartments was the subject of a six day trial in Bay Minette. I spent 6 days observing the trial, listening to evidence and legal arguments. It went to trial because our city council let us down and ignored their campaign promises. Mr Adam Milam, the plaintiff’s attorney, Friends of Fly Creek, put it best:

โ€œWhether you want apartments or not in the Fairhope area is not the issue. The City Council and Mayor sold out Fairhope and Baldwin County residents when they bowed to political pressure in allowing a large apartment complex, parking lot, and all the attendant runoff, erosion and sedimentation impacts right in the Fly Creek Watershed, an extremely vital watershed that they swore to protect.”

This was back in 2016 nothing has changed except the jury did not agree. The burden of proof is on the plaintiff and they are seeking to overturn legislative action by the city, such as planning and zoning and city council actions. This is very hard to do because most people would think the safeguards such as city council and planning and zoning would prevent such an issue.

Fly Creek group files apartment development complaint – Lagniappe Mobile

Friends of Fly Creek LLC has filed a complaint in Baldwin County Circuit Court against Fairhope city officials and the developer of the proposed 240-unit Retreat at Fairhope Village luxury apartment development. The complaint filed by attorney Adam Milam alleges that the Fairhope City Councilโ€™s April 11 approval of a change to the Fly Creek โ€ฆ


Not in Fairhope, the city council and planning and zoning rejected the publicโ€™s concerns in favor of the developer. The mayor lost his job and the new city council exacerbated the problem by playing politics and not listening to their constituents.

City Wins Fly Creek PUD Apartment Lawsuit

Fairhope, Alabama: newspaper, information, government, events, arts, music, entertainment, travel.


In Oct. 2016 the council endorsed the project.

How an apartment project led to political upheaval in one of Alabama’s fastest growing cities

Fairhope, which is the fastest growing city in Alabama’s fastest growing county, will see a significant changing of the guard next month when a new mayor and new council members take office. The newcomers arrive on a wave of voter anger over an apartment complex project.


In April of 2017 the newly elected city council, with exception of Mr. Jimmy Conyers, granted an extension of time to get the project going.

What was not discussed at trial was all the problems that have existed due to the Publix construction and damage to the creek. No mention of the sewer spill at the same location on fly creek as the proposed apartments. The jury did not get to hear how the past mayor and three councilman were voted out of office nor did they get to hear Fairhope has a new planning and zoning board as well as planning director and operations supervisor. They did not get to hear the public works director was fired, she gets credit for the many wrongs of the Publix project. They also did not get to hear about 3 other supervisors and at least 8 employees that have all left the cityโ€™s employment. Much of this shakeup can be contributed to the proposed apartments.

Some humorous moments did exist during the trial such as Mr Corte explaining to the jury that he was just a simple potato farmer and not a developer. While his nose was growing he went on to explain how the Publix and the proposed apartment complex were going to be a village much the same as Seaside, Florida, and not just a grocery store with apartments built behind it. You have to be pretty damn stupid to swallow that. The jury obviously has not been to Seaside.

What is not funny, and a fact, is that the issue will again come up for planning and zoning approval and sent to council for yet another vote. The developer discounted the citizens apposed to the project as a small minority that should not be taken seriously and assured the jury that the apartments were going to be โ€œluxury apartmentsโ€ and fireman and police would now have a place to live. Right 1100 dollars for a single bedroom plus utilities on a policeman or fireman pay, Ha.

The most telling aspect of the trial is understanding the drainage plan and how it will impact Fly Creek.
The new plan calls for a single point discharge at the outfall pipe, detouring the current 1 acre retention pond and omitting from plans the expansion to a 5 acre pond.

In simple English they are going to dump any excess storm water from the apartment complex directly into the wetlands which will drain into Fly Creek, approximately 100 feet to 150 feet from outfall pipe combined with the drainage of Publix.

Guess who owns the wetlands?


ATTENTION FAIRHOPE TAXPAYERS FW: Fly Creek PUD Amendment & the Deed to the City of the Most Sensitive 4 Acres Mitsy, โ€œemail to all council members and Mayor Wilson would greatly benefit the City.


Good ole Jack Burrell and Kevin Boone gladly accepted the gift and made sure no one in Fairhope knew exactly what the gift was and from whom, when caught they played dumb, an honest excuse.

The current planning and zoning board as well as the city council need every bit of public pressure brought on them, to re-think using the wetlands as a drainage discharge point and Fly Creek as a drainage ditch.

OH did I mention that Mayor Wilson has been on the side of the community, from day one, but not the council.


Read the latest ๐Ÿ“ก ๐—•๐—”๐—–๐—ž๐—ฆ๐—ง๐—ข๐—ฅ๐—ฌโ€‹โ€‹โ€‹โ€‹โ€‹ ๐–ฏ๐–ฎ๐–ฃ๐–ข๐– ๐–ฒ๐–ณโ€‹โ€‹โ€‹โ€‹โ€‹ ๐Ÿ“ก!

44 Comments on "FLY CREEK – A DRAINAGE DITCH ?"

  1. Ya better tell everyone again because about 3/4 of the citizens of Fairhope are just plain ignorant or don’t give 2 cents because they are either too old to give a crap or they don’t care about our environment and what terrible conservation affects this project will have on God’s very own Fly Creek. Just wait. The Fairhope Council is going to screw the citizens right in the aspirin bottle!!!!! Won’t be the first and won’t be the last. So ashamed of the crap that people put up with from the Fairhope Council. Including letting all the citizens fecal crap go everywhere too. Doesn’t everyone realize that this will pollute Fly Creek itself. Don’t worry, it test positive for fecal matter also if these apartments go up.

    • Fedora Upton or \"Fed Up\" | August 26, 2017 at 9:10 am |

      This type of comment irritates the CRAP out of me!!! Not sure which category that I fall into…Too Old to give a crap or….They don’t care about our environment …or..Just plain ignorant!! The true fecal crap is not only in the Bay but also sitting in those chairs in the Council Chambers disguised as City Councilmen. Years ago when Fairhope’s population was much less and everyone knew everyone else in town a few residents tried to step forward with what was really going on in Fairhope Goverment and actually tried to run against some of these people but the “Machine” was too powerful and would go out into the community to find one of their own and the “Machine” numbers were growing fast. People not part of the “Machine” either got quashed, were scared of this group, left town or knew that they had to make a living here so they kept quite! Things are different now with the explosion of people moving in here thinking what a lovely place but then seeing the true backbone of the town. Some of these new residents are speaking up and even the ones that are “Too Old to give a crap” because they don’t have to make a living here and do not have some of the fears of the natives.
      Fast Forward….let’s ban together and clean the Bay and This Town !!!
      I really hate reading these long comments!
      Next on the agenda is to clean the County and the State of corruption.

      • Fedora,I hate reading these long posts too. Yours post wasn’t a so called sort one itself. But maybe everyone is getting the point again. We need to start getting the point and show up with facts without letting the momentum slow. How we do this I don’t know. I’ve tried the facts and actually brought fellow citizens to the Council meetings. We have got to act now or we will be kicking ourselves in the rear saying the same ole thing in 6 months again. I don’t care if people are pro Council or pro mayor. We need to fix this together. The ones who are guilty and could careless about Fairhope will stick out like a sore thumb and we can all be taking notes of who they are!

      • Well said! I think there was room besides old or don’t give a crap given. There are certainly a group of us who cares but there are certainly a lot of people whi just won’t stand up to this “crap” unless pushed and educated more. We had momentum once earlier this year. I think we can do it again and add to the take out of the trash.

  2. Georgia Orwell | August 25, 2017 at 9:23 pm |

    Carlos Marcello was merely a ‘tomato’ salesman; perhaps he and Corte shared a roadside vegetable stand!

    I was shocked when I read this verdict. No words! However, wasn’t Corte quoted as stating that he bought the government that he wanted? Yes, and he added Robert Brown to his club in the last election. Karma may be unkind to Brown for being Corte’s Trojan horse.

    I have an idea that may help Fairhope if we can make it happen. We need to get the national media involved in exposing the fraud/ignorance of the city and county. For decades, crooked administrations buried the sewage spill/infrastructure problems and paid off anyone who threatened to expose same. This area has no real media and definitely no investigative reporters. Reporters must be afraid of the wrath of the goobers if they tell the truth; hence, we are left with only Burrell’s Blog, the Gulf Coast News Today (truly, my own Facebook page has more news than that)! Additionally, there is no budget anywhere for investigative reporting……if no one is watching, the truth goes to hell!

    I have somewhat ‘connections’ to both Willy Stern and T. Rees Shapiro (of Forbes, Business Week, etc and Washington Post, respectively). Willy & Trees both love to expose corruption….would the Ripp Report be willing to forward documents to them if we could get them interested in this? I think that the best thing to do would be to have one of them publish to NYT, Forbes or Wash Post that Fairhope, Alabama is blooming with flowers but that all of the sewage goes straight into the Bay where we can no longer safely sail/kayak. (Any photo ops of the Boone & Burrell kids hanging out in the Creek/Bay?????)

    Local media is afraid of the story b/c they are afraid of the B Bullies, but we need to let the country know to NOT come to Mobile Bay b/c of the corruption that could cost you your life. I moved here because I believed it to be so idyllic…….until Karin Wilson became Mayor, Fairhope did not admit to the sewage in the Bay. She is not perfect but she is trying to let us know what has been happening here for decades.

    Our City Council President, Jack Burrell, quite nonchalantly stated at the last Council meeting, that these massive sewage spills are unavoidable. I bet that if we all post every disgusting sewage spill possible to all national media that we may be able to get someone to research and fix the problem.

    Everyone…….take photos and post to every website possible!!! Maybe the Council will take a second look!

    • $13 million in Jack’s pocket. Dumb people in Fairhope getting raped. Jack has 2 beach condos and a cigarette boat.

      On our dime. Wake up imbeciles!

    • Fedora Upton or \"Fed Up\" | August 26, 2017 at 8:43 am |

      This is a wonderful idea and comment. DO IT!!

  3. Google earth fly creek | August 26, 2017 at 1:44 pm |

    “Whether we or our politicians know it or not, Nature is party to all our deals and decisions, and she has more votes, a longer memory, and a sterner sense of justice than we do.”

    Wendell Berry

  4. Fairhope Native | August 27, 2017 at 12:37 pm |

    Georgia, I think a LOT of citizens would more than back you 100% !!! We need to go for it – the time is NOW – we need to STOP fooling with the LOCAL, COUNTY & STATE politicians & local news who is AFRAID to tell the TRUE side of what has been going on!! Do it NOW – let the Country know about the corruption that has gone on for YEARS in this beautiful town by previous MAYORS & now Burrell, Boone & the new council – they all need to be let go. I am more than SICK of Cortes, & other land owners in Baldwin County (who gave Kant money personally ???). It was another poor pitiful farmer & landowner in Baldwin County! They use MONEY to get exactly what they want & for politicians & Attorneys in Baldwin County to SIDE with them! Take it National for the whole country to see!!!

  5. Go to the meeting tonight. Bombshell incoming!!!

    • Georgia Orwell | August 28, 2017 at 8:51 pm |

      Really? Most boring meeting ever. Burrell was no less condescending than at the last meeting. No one said a word about the sewage system….Fairhope residents/voters are clueless. After tonight’s ‘non-outrage’ of the latest report, it is clear that the sewage will be flowing down the streets soon even if another development is NOT added to the system (fat chance)!

      Given that the Council has already approved more than 500 APARTMENTS to be added immediately, no one other than a fool would continue to stay here.

      I wish I knew what the problem was with this town. I don’t think that the residents are stupid, but I guess they are too lazy to care or they believe that, in America, the sewage won’t end up in their home/street? This is Fairhope……..sewage is everywhere now. I can’t even walk my dog at the Orange Street Pier (the geese are gone and so are the excuses)! And check out the great new Dogwood development (beautiful homes but, according to the Fairhope Times’ photos, with toilet paper and feces in the streets……makes me want to buy a $600,000 home that is awesome (other than the sewage in the street)!

      Post all gross photos to Fairhope Facebook page so that we may be able to get a response!

      Also, please engage any national/international media into the discussion and share photos with them. While Kant is gone, we still have Burrell and Boone (and Brown) encouraging more pollution. Mayor Wilson has been hijacked by amateurs and those with agendas, but she truly appears to want the best for our City.

      I have criticized her staff and will again; if she paid these salaries to experienced political staff, she would not be in that hideous Gulf Coast News Today on its weekly witch hunt!
      Her mistakes are that she depends upon experienced staff to set limits, but she has NO experienced staff. When the Council approved Botop and Maser, they gave her the rope with which she is hanging herself now. She has no one to blame other than those two. If they give a flip about Fairhope and their boss, they will resign asap so that Karin can hire a political asset.

      I know that this won’t happen; Botop and Maser must be in this for the money b/c they can’t get other jobs. I hate politics! I love Fairhope but know that this is the time to sell before the feces and toilet paper, etc are on the corner of Fairhope and Magnolia (quite likely soon).
      Wake up, Fairhope People!!!!!! So sorry that this is so long, but I don’t understand why you people on Summit and Bayview are content to watch millions of gallons of sewage to pour into our biggest asset (and greatest view). WAKE UP!!

      • Georgia Orwell | August 28, 2017 at 9:56 pm |

        My mistake ……. Fairhope & Summit/Bayview, etc…..same with Magnolia…..but y’all get the point. Your property is pretty much worthless when this all becomes public.

      • Georgia, you are so right about so much. I am hoping (please dear God) that even though most of us have no idea what’s going on behind the scenes as far as the investigations that are ongoing, that doesn’t mean that inroads are not being made that will change things in the future. It’s no secret to any of us that investigations are not sprints but long distance races. It’s a real shame that what I truly think we will one day learn is taking so long to come to light. But I still have faith it will, and I’m just trying to be patient until it does. But I’ll tell you one thing, Jack Burrell is working my very last nerve.

      • You sure you went to the Fairhope Council Meeting? There was extensive discussion about the Sewer report and the need to address the infrastructure. Mayor Wilson advocated the questionable idea of voiding honest bids for the City health insurance business ostensibly to get a better price. Thought the Mayor displayed a surprisingly unethical attitude, very blatant. No wonder companies are starting to avoid doing business with the City. The staff is doing an excellent job of attacking the infrastructure weaknesses. I give her credit for assembling them. It is going to take 20 million for the upgrades and new treatment plant. Add a few million for electrical and this city better get ready to spend some serious $

        • No one is voiding doing business with the City of Fairhope dumbass. Only the companies pre approved by Jack Burrell are getting the contracts. I saw the insurance quotes. What’s wrong with looking at other prices? Nothing at all!

          • 1. No need to name call even if you don’t like my post.
            2. I know of several companies who have stopped or hesitated to do business with Fairhope. There are multiple reasons but manipulating the bid process would not help. I still say it is unethical in the manner suggested at the meeting. I know she is trying to save $ but not this way.
            3. Agreed it’s good to shop price, but that avoids addressing the process that the Mayor was trying to subvert. She talked around it but I was left with the impression she would have accepted the second bid.
            4. You imply Burrell is showing favoritism. If that is the case then
            He would be part of the problem. If there is a black and white case where a low bidder did not get a bid but followed the process then
            that should be exposed. The Airport hangar scandal was not apples and apples. The winner was to build a much nicer hangar
            which reverts to the city at lease end. That offset a slight difference
            In expected revenue.

  6. Fairhope is dead. Sound the bugles. Crap everywhere. Especially on the shitty council. Nice knowing you Fairhope. People laugh at us. Noses in the air…oblivious to the shit floating everywhere. Wow. So sad Fairhope. Dumber than a box of rocks.

  7. Langston Rogers (Rock Creek) | August 29, 2017 at 10:39 am |

    Time for war. The council is intent on flooding the town with new development. We are overrun already. Jack says the shit is unavoidable. His defeat is now unavoidable.

  8. Fairhope Native | August 29, 2017 at 11:03 am |

    Everyone needs to start taking pictures & send to national news – ABC, NBC, CBS & all newspapers state wide & across the country except Gulf Coast News!! Then I guess they can come interview ARROGANT Burrell & Boone who (they think) know everything & they criticize everyone else!!! As far as Brown, Robinson & Conyers – now feel the same way about them as they just sit there & let Burrell & Boone yell, criticize, boast etc.

    • That council reminds me of a mean girls’ clique in high school. They’re like the Fairhope “Heathers”. And Gulf Coast Media is the public platform for The Heathers. I don’t know that I’ve ever had less respect for any group of men in my life.

      • I could not agree more about both the Council and Gulf Coast Media…….hideous people!

  9. Fedora Upton or \"Fed Up\" | August 29, 2017 at 11:17 am |

    Did not attend last night’s City Council Meeting but watched the video. Burrell is now cutting off our freedom of speech? He lost it at the end last night. Burrell requesting Police Chief Pettus to remove Paul Ripp from the room and the Chief doing so turned me against Chief Pettus. Burrell needs to go now! Someone needs to check him into a facility to get some help and learn some control. He should not be on the loose. So he is taking our privileges away??? What about our rights??? I say We Take Him Away…in a straight jacket!!

    • While Burrell was a bully, as usual, I don’t think it’s fair to turn against Chief Pettus. He has to do what he’s instructed during a council meeting – which as we’ve all been told time and time again by Burrell is HIS meeting, he makes the rules, and everybody else there is there or opens their mouth at his discretion. I swear to God, Burrell’s power-hunger has driven him completely insane.

      • Francis Paul Ripp | August 29, 2017 at 4:46 pm |

        Not the chief’s fault, Jack is scared of what I say on the record and is trying to keep the airport out of any conversations.

      • I agree there is no need to take out anything against Chief Pettus. I would just hope that he is not like the rest of the councilmen? Jack’s Bitches!

  10. Fedora Upton or \"Fed Up\" | August 29, 2017 at 12:51 pm |

    Someone please explain how it was legal for Jack Burrell and Fairhope Police Chief Petties to do what they did last night toward the end of the City Council Meeting. Burrell said it was time for PUBLIC COMMENT and step forward to the podium. Paul Ripp was headed to the podium and Burrell told Mr. Ripp he would not allow him to speak and asked the Police Chief to remove him. On what GROUNDS?? Mr. Ripp had not even opened his mouth yet to speak!! I am assuming the police Chief has to abide by what Burrell ask him to do?? Who does the police Chief work for?

    • Fly Creeker | August 29, 2017 at 3:37 pm |

      Burrell put them cameras in there.

      • Georgia Orwell | August 29, 2017 at 8:32 pm |

        I had forgotten that Jack Burrell claimed that he put in the cameras; thanks for the reminder!
        He probably wanted the cameras to capture for posterity his ‘good looks, charming demeanor, bespoke wardrobe, presidential command of his audience, etc’.
        However, the cameras captured a bully terrified of losing his power. I don’t know Burrell, but I think that Karin’s win in the election has turned him into a monster. There must be big deep secrets to hide because normal intelligent people do not become completely unhinged unless they think that they are headed for Atmore.

        Beyond sad. Burrell will destroy the city……a robot in a suit.

    • I’m not sure. But I understand if Jack Burrell tells Chief Pettus to go pick up his dry cleaning. The Chief says “yes sir”.

  11. Funeral Services for the City of Fairhope will be held this Thursday evening at the Nix Center.

  12. I feel sorry for the kids of the spineless dads who are scared of Burrell.

    • Amen. Jack Burrell carries all the Councilmen’s balls with him in his pocket. I can only guess that based on the way Jack Burrell (dictator) speaks and treats people. He truly has lost it. It’s only a matter of time where he is going to have to have armed guards on each side of him. This behavior by him won’t be tolerated much longer. I’ve seen this before. Except it was in other countries! This is Fairhope for Christ sakes!!!!! It’s making us all I’ll.

  13. “All my life, I ain’t understand shit about what was going on. A thing just happen, then something else happen, then something else, an so on, and half the time nothing making any sense. But Dan say it is all part of a scheme of some sort, and the best way we can get along is figure out how we fit into the scheme, and then try to stick to our place. Somehow knowing this, things get a good bit clearer for me”

    Winston Groom

    • Stupid is as it does in Fairhope. What an embarrassing place. Everyone here thinks their shit doesn’t stink. Maybe that’s why it is pumped into the bay?

      Btw, the word is out about Fairhope dumping sewage in the bay. Lots of chatter.

  14. KantClub4Men | August 30, 2017 at 9:51 am |

    Fairhope under Jack Burrell’s “leadership” has become the fastest growing city in the state.
    This means we are the fastest growing toilet bowl in the world. Thanks Burrell! You can take the boy out of MS but you can take Missippi outta the boy!

  15. Hemiwolfgang5 | August 30, 2017 at 12:59 pm |

    Ripp has sued Fairhope for disallowing free speech before. More than once.

    This time he will likely sue for punitive damages. Burrell is self-destructing before your eyes.

  16. Some nice ten inch turds at the pier. Thanks Jack. Fairhope is a fecal factory and a pitre dish for apathy and ignorance.

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