Supreme Court says work on new coastal bridge can resume
The Alabama Supreme Court ruled Friday that the state can continue work on a new bridge that will give motorists an alternate route to state beaches. Justices reversed an injunction issued by a Montgomery judge that had halted work on the bridge across the Intracoastal Waterway. The injunction was issued after the operators of an existing toll bridge sued the state. Justices said the trial court did not have subject-matter jurisdiction over the bad-faith claim that served as the basis of the preliminary injunction. The Alabama Department of Transportation said construction will resume in the coming weeks. “This is an important victory for Alabama’s coastal residents and millions of visitors to our state. The need for a new, free bridge is obvious,” Alabama Department of Transportation spokesman Tony Harris said. He said the bridge will help relieve traffic congestion at the coast and provide an additional evacuation route during hurricane season. Baldwin County Bridge Company, which operates an existing toll bridge to get to Gulf beaches, filed a lawsuit seeking to block construction of the new bridge that would be located just over 1 mile (1.6 kilometers) away from its existing toll bridge. The company argued that Transportation Director John Cooper acted in bad faith during negotiations to lower toll amounts and other operational changes, and then pursued the new bridge project to financially damage the company. “Today’s decision sends an unfortunate message to businesses across this nation – come to Alabama on notice that anything an unelected government official chooses to do to you, he can do, and you are powerless to stop him even if he is acting in bad faith,” Neal Belitsky, president of Baldwin County Bridge Company, told al.com. Montgomery Circuit Judge Jimmy Pool in May sided with the toll bridge company in issuing a preliminary injunction ordering a halt to construction of the project. Pool said trial evidence showed that Cooper pushed for the new bridge without traffic studies and had only one discussion about it with the governor. Republished with the permission of The Associated Press.
Court declines to lift injunction blocking coastal bridge project
A divided Alabama Supreme Court on Friday declined to lift a preliminary injunction blocking construction of a new coastal bridge. Justices, in a 5-3 decision, declined the emergency request from the Alabama Department of Transportation to lift the injunction halting construction of a new bridge across the Intracoastal Waterway. The decision will leave the injunction in place as the legal fight goes forward over the project. “While we are disappointed the Court has left the halt to construction in place for now, we are optimistic that the final ruling on our appeal will be in favor of building the new, free bridge,” Transportation Department spokesman Tony Harris said in a statement. Montgomery Circuit Judge Jimmy Pool, siding with toll bridge operators that challenged the construction, last month issued a preliminary injunction ordering a halt to the construction of the project. Baldwin County Bridge Company, which operates the existing toll bridge to Gulf beaches, filed a lawsuit seeking to block construction of the new bridge that would be located just over 1 mile away from its existing toll bridge. The company argued that Transportation Director John Cooper acted in bad faith during negotiations on toll amounts and other operational changes, then pursued the new bridge project to financially damage the company. “Director Cooper’s outrageous conduct in embarking on spending more than $120 million of State funds, on a bridge that ALDOT does not need, for the purpose of putting a private company out of business shocks the conscience of the Court,” Pool wrote. Cooper had testified that the new bridge was needed to alleviate traffic congestion and give motorists a new route to state beaches. Republished with the permission of The Associated Press.
Judge halts bridge project, says Alabama transportation director had ‘personal vendetta’
Driven by a “personal vendetta” against a toll bridge company, Alabama’s transportation director planned to build an unnecessary bridge across the Intracoastal Waterway at a cost of more than $100 million to the state, according to a judge who ordered construction to stop Wednesday. Montgomery Circuit Judge Jimmy Pool, siding with the toll bridge company, issued a preliminary injunction ordering a halt to construction of the project. Pool said trial evidence showed that Transportation Director John Cooper pushed for the new bridge without traffic studies and had only one discussion about it with the governor, “Director Cooper’s outrageous conduct in embarking on spending more than $120 million of State funds, on a bridge that ALDOT does not need, for the purpose of putting a private company out of business shocks the conscience of the Court,” Pool wrote. Baldwin County Bridge Company, which operates the existing toll bridge to get to Gulf beaches, filed a lawsuit seeking to block construction of the new bridge that would be located just over 1 mile away from its existing toll bridge. The company argued that Cooper acted in bad faith during negotiations to lower toll amounts and other operational changes, then pursued the new bridge project to financially damage the company. Transportation Department spokesperson Tony Harris said the state will appeal to the Alabama Supreme Court. “We are disappointed in the decision because it’s clear that a new, free bridge is needed to help alleviate traffic congestion and offer a new evacuation option to residents and visitors to Alabama’s Gulf Coast,” Harris wrote in an emailed statement. “Years of negotiations with the private toll bridge company failed to deliver a solution. The public benefit of a new, free bridge should outweigh the interests of the private toll bridge company.” During trial testimony, Cooper defended the decision to proceed with the project last year. Cooper said an alternative route is needed to alleviate traffic congestion on the highway leading to state beaches. He said the decision was made based on traffic data and support from local and state officials. The Transportation Department last year signed a $52 million contract for bridge construction. An attorney for the toll bridge company said the expense of related roadways will bring the total cost to $120 million. “People in positions of authority representing the government cannot do or say anything they want. When government officials attempt to target businesses through bad faith, the courts of Alabama will hold them accountable,” said Joe Espy, a lawyer for the toll bridge company. Republished with the permission of The Associated Press.
