Never Ever give up. The Ripp Report has been reporting, and going to court, related to the Publix project before the Mayor or any of the Council were elected in Fairhope. The present council refused to take any action on behalf of the citizens, which they could have done, involving the Fly Creek Apartments. The council explained there was nothing they could do to stop the apartments or enforce any of the city’s ordinances that may amend the approved MOP Site Plan.
The City Council sided with the developer and the Mayor’s hands were tied because the council rejected her pleas and turned a deaf ear to caution.
This, Victory, is for the citizens of Fairhope and should be a shining example of what citizens, and a damn good attorney, can accomplish when citizens are abandoned by their elected officials.
The attorney, Adam Milam, should be commended for his many years spent on 4 separate lawsuits involving the Publix and Apartment Complex. He has spent countless hours studying planning and Zoning regulations, ordinances and building codes, plus a ton of court time. I am sure he knows more about this subject now than he ever thought he would when he first started this battle. If you live in a municipality where your City Council supports developers over the right of the citizens, I would highly recommend Attorney Adam Milam, congratulations Adam.
My participation as President of The Fly Creek Watershed Preservation Association Inc., was that of a consumer advocate.
Let us all see what action the council takes now that they have to revisit the a new MOP Site plan. The Council owes the citizens an explanation but do not hold your breath because this was their mistake, not following their own laws.
“The Fairhope Planning Commission, when it approved the MOP Site Plan acted inconsistent with Ordinance 1572 and therefore, acted arbitrary, capriciously, and not in compliance with applicable law.”
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Francis Paul Ripp President Fly Creek Watershed Preservation Association,Inc.