Alabama Supreme Court rules that Intracoastal bridge construction can continue
Breaking News: Alabama Supreme Court rules in favor of the Alabama Dept. of Transportation on Intracoastal Waterway Bridge
Gulf Shores, Ala. – (OBA) – This morning the Alabama Supreme Court sided with the Alabama Dept. of Transportation and is allowing construction of the new Intracoastal Waterway bridge on the west end of Orange Beach to continue.
This ruling reverses a ruling by Montgomery Circuit Court Judge Jimmy Pool back in
May.
The Supreme Court of Alabama has reversed a preliminary injunction that had halted the construction of a bridge over the Intracoastal Waterway in Baldwin County.
The legal battle began when Baldwin County Bridge Company, LLC (BCBC) filed a lawsuit against John R. Cooper, in his official capacity as Director of the Alabama Department of Transportation (ALDOT), and Scott Bridge Company, Inc. BCBC sought to halt the construction. This led to a complex legal situation that spawned three matters pending before the court.
Mandamus Relief and Executive Privilege
Cooper sought mandamus relief from an order compelling him to respond to discovery requests made by BCBC. He argued that the information sought was protected by the executive-privilege doctrine. The court's decision on this matter has been rendered moot due to the ruling on State immunity.
Preliminary Injunction Reversed
The trial court had granted BCBC's motion for a preliminary injunction to halt construction of the bridge. Both Cooper and Scott Bridge appealed the injunction. The Supreme Court concluded that BCBC's claim, on which the preliminary injunction was based, was barred by State immunity. Accordingly, the injunction was reversed.
Implications for Construction
The reversal of the preliminary injunction means that construction of the bridge may resume. The decision has been closely watched by legal experts and could have implications for future cases involving State immunity and executive privilege.
Conclusion
The ruling by the Supreme Court of Alabama adds a new chapter to the legal saga surrounding the construction of the bridge in Baldwin County. With the preliminary injunction reversed, it remains to be seen how the parties will proceed and what impact this decision will have on the broader legal landscape.
Statement from Mayor Robert Craft on the Supreme Court ruling to overturn injunction halting construction on ALDOT’s Waterway Bridge
August 25, 2023
This is a great day for our residents and the millions of visitors to Alabama’s Gulf Coast. Today’s Supreme Court decision means that the new, free bridge over the Intracoastal Waterway will be built. We have said all along that the Waterways Bridge will clearly serve the public’s interest and improve the safety and welfare of residents and visitors in our local communities. Our support for this critical project never wavered and our resolve to fight to make it a reality never weakened. When constructed, the Waterways Bridge will immediately improve traffic conditions on State Highway 59, provide an additional evacuation route off the island, and create a foundation of new transportation infrastructure to help accommodate the continued growth and success of Alabama’s beaches and state-wide economy. I applaud the leadership of the Supreme Court and their clear reading of state and federal law in allowing this vital project to move forward so that we can make our communities safer.
Key Points from the Supreme Court decision:
- Not a single Supreme Court Justice voted to uphold the injunction which stopped construction on the Waterways Bridge.
- Baldwin County Bridge Company’s “bad faith” argument is void and ordered to be dismissed.
- It is undisputed that BCBC has been aware that ALDOT was making plans to build a third bridge since at least 2015.
- ALDOT Director Cooper was “wrongfully enjoined” from continuing construction on the third bridge. In fact, he had the right all along to do what he was enjoined from doing.
- Construction on the Waterways Bridge is allowed to resume.
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