Gulf Shores, Ala. – (OBA) – Gulf Shores Mayor Robert Craft happily reported at the end of the Oct. 17 council work session that the confirmation of a new bridge was “official” but he also offered this caveat.

“Now, there’s always a lot of conversations back and forth from adversaries that do not want the bridge built,” Craft cautioned. “I have no idea what the legal impact of that will be if it happens.”

At 11:08 the next morning he found out. The Baldwin Bridge Company, owners of the toll bridge in Orange Beach, filed suit against Alabama Department of Transportation Director John Cooper citing several complaints about his actions in negotiations with the company. Ultimately, the suit asks for an “injunction issue prohibiting constructing the proposed new bridge.” It also asks for compensatory damages from the alleged abuses by Cooper. The suit was filed in the Montgomery County Circuit.

“ALDOT Director John Cooper has been on a mission to destroy BCBC’s contractual rights and to force BCBC out of business,” the suit alleges. “Unfortunately, his tactics – carried out with taxpayer funds and from his position as an appointed state official in Montgomery – have caused and will continue to cause BCBC irreparable harm and damage.”

ALDOT spokesman Tony Harris said the lawsuit will waste taxpayer money to defend the lawsuit and could halt an important and needed infrastructure project to help with traffic in the resort area.

“Any delay will only exacerbate the traffic problems on the Gulf Coast and hurt the people of Baldwin County,” Harris said. “Like the many Alabamians and visitors who are tired of sitting in traffic on Alabama’s coast, we look forward to the completion of the free, public bridge.”

Parts of the deal BCBC was offering to the state, Orange Beach and Gulf Shores included $60 million to Orange Beach over 50 years, after 50 years a state takeover of a new two-lane span the bridge company says it was willing to build, $25 million for a spur road from the Beach Express south to Cotton Creek Drive in Gulf Shores. Also reportedly included were free tolls for Baldwin County residents.

ALDOT previously reported that the bridge company would have to prove a new two-lane span next to the current toll bridge would take 40 percent of the traffic currently going over the State Route 59 bridge in Gulf Shores. Negotiations failed after several deadlines for a resolution were passed, the final one on Sept. 5.

“Director Cooper’s cavalier abuse of power of his office, including the decision to bully BCBC into lowering its tolls and ultimately giving up its bridge, proceed with the new, unnecessary bridge, attempt to condemn BCBC’s property and the property of other Alabamians, and destroy or substantially undermine the value (of the toll bridge) has directly and severely harmed BCBC,” the suit alleges.

Part of the suit also alleges that the state has conducted no traffic studies to determine if the bridge is needed and would help alleviate traffic on the State Route 59 bridge. It also states Cooper and former ALDOT Southwest Engineer Vince Calametti admitted as much in other filings and in public meetings.

“No studies have been provided to BCBC or made public which show a need for a bridge at the proposed location,” the filing states. “Upon information and belief, no such studies exist. Yet, Director Cooper unilaterally approved the new bridge project. Rather than work towards a solution, Director Cooper, by his own admission, has sought to further drive down the value of BCBC in the hopes of undoing the deal and causing it to revert to public ownership and has conceded that the rationale he previously gave under oath for building the new bridge—toll avoidance—was simply not true.”

In July of this year, Craft said at a city council meeting that the city has been conducting traffic studies on the State Route 59 bridge for years and each confirmed a large volume of traffic going over that bridge is ultimately headed for Orange Beach and around the toll bridge. And, that the number of cars leaving Orange Beach and going over the Gulf Shores bridge to exit the island was growing as well.

Even with a new two-lane span at the tolls, Craft said 25 percent of the traffic on the Gulf Shores bridge would be bound for Orange Beach.

“Another destination study is in process and we’ve got updates on the previous one that we did,” Craft said in July. “The growth of the folks coming in from Orange Beach and coming over our bridge shows we’ve more got significant exit numbers now that we’ve not seen before and the number of people and going over that bridge from the Orange Beach area. It’s a higher percentage than the people coming into town.”

The BCBC is represented by Montgomery attorney Joe Epsy and papers were served advising of the filing to Cooper and Alabama Attorney General Steve Marshall.