Orange Beach, Ala. – (OBA) – Kris Anderson, a senior partner of Yates Anderson law firm in Orange Beach, apologized to the Mayor and City Council saying he may have "jumped the gun" with the lawsuit. However, Mayor Tony Kennon accused Anderson of trying to act like "Superman," being a "despicable individual," and painting the community in a racist light.

The incident started due to the City of Orange Beach reworking de-annexation plans after consulting with the Orange Beach City School System and hearing from community members. However, a lawsuit was filed to stop the plans before the council could consider it.

A draft of a de-annexation proposal was made public, causing panic for residents of the Prosper Apartment Complex, especially from those with kids attending city schools, a top-tier school with a 100% graduation rate in 2024.

After Anderson's apology Mayor Tony Kennon stated, "Let me clarify too, let me finish, and it angers me that first off, it never was guaranteed or decided to keep it in [the de-annexation]," Kennon said about the Prosper Apartments property.

Kennon said Prosper provides a special purpose to the community, providing affordable living for families.

"So, for all those despicable individuals out there that tried to paint us as anything other than just doing what's best for the city, I really am disgusted," Kennon added.

Kennon was referring to news reports and language in the lawsuit stating the city's plan was "an effort to remove young 'apartment dwelling' families from city schools while keeping commercial property and affluent single-family property in the same areas (indeed, in areas further from the center of the City) inside municipal boundaries."

The lawsuit, filed on behalf of Delaware-based Gulf Coast Orange Beach LLC, the owner of the Prosper Apartment Complex, asked for a preliminary injunction, a declaratory judgment, compensatory damages, attorneys' fees and other relief, and asked the court to permanently enjoin the City from de-annexing without the Court's permission.

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It accused the City of "imminent discriminatory acts" against "families from less privileged backgrounds, including single mothers, low and middle income families, black families, and hispanic [sic] families from integrating into Orange Beach City Schools."

Kennon said the resolution was being modified since a meeting with school officials confirmed the school system can maintain the current student population. He confirmed the de-annexation would be modified to remove all residents with children currently enrolled in Orange Beach City Schools, including the 40 children from Prosper Apartments.

Prosper Apartments assistant property manager Jamie Jenkins said it was a relief to learn that the property would not be included in the de-annexation.

"We are thrilled," she said to the mayor and council. "Thank you. We have people that come to the property and that will ask, 'Is it Orange Beach?' And we have residents that are currently active in sports and academics at the schools. And when we saw this, it was kind of a gut punch to see this."

Anderson said he would be the first to apologize if he "jumped the gun" with the lawsuit. Kennon accused Anderson of being intentional in trying to make the city look racist.

"You offended our community; you denigrated our reputation; you imputed our integrity; you embarrassed our children," Kennon said. "For what reason would you do something like that, Kris? Because if you read the lawsuit, it was despicable. You're a despicable individual."

Anderson denied attempting to make the community he lives in look racist.

"If anything, those comments were directed at you and your objective of getting these folks out of the city," Anderson said to Kennon.

Still, Anderson said he isn't sure if the plans would've been changed if not for the lawsuit. Kennon told him he was "full of bull" and said, "Go rip your shirt off and pull your cape out, Superman."

Anderson told the mayor he was retained by residents who had spent their money to live and do business in Orange Beach and was just doing his job.

After Anderson asked for details and a timeline of changes to the resolution, Kennon suggested he stop asking questions.

"Please stop. Please stop," said Kennon. "I don't want this, gentlemen. Anything we can do to validate him as a human being, he is not. That's what the resolution will be. I just need you to sit down before I can lose my temper."

Kennon said he wears Anderson's objections to him as a badge of honor.

In the future, Kennon said the city would continue to ensure students in Orange Beach City Schools have the best opportunities. The school system is 95% funded by Orange Beach taxes, and only 4% comes from state and federal funding," Kennon continued.

"Everything we do, we pay for and we pay for it because we've worked our tails off for 15 years managing our expenses and doing a good job," Kennon said.

Anderson said that none of the allegations in the complaint came from him but from witnesses, documents and recordings. He added that he alerted some media outlets about the lawsuit to get the City's attention.

Kennon asked for forgiveness from the council and the public but said he would continue to advocate for community members.

"I really have a problem with anybody who tries to hurt my community," he said.

The re-drafted resolution is set to be voted on at the March 11 council meeting.

Erica Thomas is a contributing reporter for OBA News and an investigative reporter for 1819 News.