Orange Beach to appeal $3.78M verdict awarded to developer

John Mullen • October 21, 2021

Jury sided with Ian Boles in suit over inspections

Developer Ian Boles won a $3.78M verdict against Orange Beach, Alabama, in May 2021.

The City of Orange Beach has decided to appeal a $3.78 million verdict against the city to developer Ian Boles over what he considered an unfair delay of a certificate of occupancy for one of his new massive 16-bedroom duplexes on the Gulf in west Orange Beach.


Boles said he was damaged by losing rental income on the property by enforcing what the lawsuit called “arbitrary rules” by the Building Department he said only applied to his project.


“They wanted me to divulge what I call personal information and not keep it to myself and the contractors,” Boles said after the jury verdict in May. “They wanted me to say how much I paid. I balked at that because I didn’t want to tittle tattle on me workmen because I’d never get ‘em again, you know. There’s no way they’ve got any right to get the amounts. Not at all.”


Broken down, the jury awarded Boles $792,247 for lost rental income, $343,917 for lost holding costs, $2.4 million in lost future profits and $267,247 in consolidation loan costs.


After the regular and work council work sessions of Oct. 19, the council went into executive session to discuss pending litigation and later went back into the regular session after an earlier recess. Councilman Jeff Silvers and Jeff Boyd made a motion and a second to appeal the verdict and it passed on a 6-0 vote.


Boles said he was expecting the city to appeal.


“We knew they were going to appeal,” Boles said on Oct. 21.


Boles said he was told they city had to pay a small portion of the awarded money and insurance would cover the rest.


“It’s just the arrogance of them,” Boles said. “You know what it’s costing ‘em? It cost them 7.5 percent on the total judgment."


He also sued former Building Official Lanny Smith individually but he and Smith settled out of court. He declined to reveal the amount of the settlement.


Boles and his son Ben made an appearance at the Orange Beach Council on Aug. 17 to voice opposition to the Romar Hotel being developed next to his rental properties. Developers want to add three stories atop the parking garage for the former Romar Baptist Church and it will have 127 beds in 76 rooms. By right, a condo building containing 170 beds in 76 rooms could be constructed on the site.


“This is going to be a major detriment to our property,” Ben Boles told the council. “It’s going to be five stories where now it’s two stories as far as where our main houses are. It’s going to block out a lot of the view, a lot of the sun. We just feel like it’s wrong and it’s bringing in more than what’s currently there.”


After the first reading of the ordinance on the Romar Hotel, the council voted to suspend the rules to consider it immediately. Two readings are required for the passing of an ordinance unless the council, by unanimous consent, decides to take it up after a first reading. It was passed unanimously on a 6-0 vote to allow the hotel to proceed.

Share this article w/ Friends...

ALDOT Sets Detour Ahead Of New ICW Bridge Traffic Shift
By OBA Staff May 1, 2026
Orange Beach, Ala. — (OBA) — ALDOT is preparing to open the new Intracoastal Waterway Bridge in Baldwin County. Final work is underway. A temporary detour will affect southbound traffic. This change is part of a new travel pattern to the beach.
Dolphins vs Porpoises
By R. Ken Cooper May 1, 2026
Orange Beach, Ala. — (OBA) — Visitors to the Alabama Gulf Coast often spot marine mammals swimming near shore or alongside boats. Many people call these animals porpoises, but that is not accurate. According to NOAA Fisheries, the animals commonly seen in local waters are dolphins. The agency says dolphins and porpois
The Wharf in Orange Beach
By R. Ken Cooper May 1, 2026
Orange Beach, Ala. — (OBA) — May has arrived, and the Wharf in Orange Beach is set to launch its 2026 summer event lineup, featuring a series of family-friendly activities and entertainment. The season kicks off with a celebration featuring music, interactive attractions, and fireworks. Organizers say the events...
Foley Plans Upgrades At Farmers Market And Sports Fields
By Guy Busby May 1, 2026
Foley, Ala. — (OBA) — The City of Foley is planning a series of upgrades at the Coastal Alabama Farmers and Fishermen's Market and the city’s sports tourism complex. City officials said the improvements will add new amenities for visitors and vendors. The projects are intended to support both recreation and local busin
Orange Beach Lady Makos - Photo by Brent Williams, Wolf Bay Media
By John Mullen April 30, 2026
Orange Beach, Ala. – (OBA) – The Orange Beach Lady Makos advanced to the second round of the Class 4A state playoffs with a 10-0 win on the road at New Brockton on Tuesday night. The No. 2-ranked Lady Makos scored early and often, with Gami Ausmuth scoring four goals en route to the blowout win. The home game highlight
Grand Lagoon Yacht Club - Stock Image
By R. Ken Cooper April 30, 2026
Perdido Key, Fla. — (OBA) — The Perdido Key Area Chamber of Commerce is kicking off a new event series for women in business. The Women Mean Business Committee created the LeadHer Lunch Series to connect, inspire, and empower professional women in the area. The series showcases local leaders making a real difference
Gulf Coast Businesses Are Saddling Up for Kentucky Derby Celebrations
By OBA Staff April 30, 2026
Orange Beach, Ala. — (OBA) — The Kentucky Derby is one of the United States' most celebrated sporting events, and Gulf Coast residents will have several ways to join the fun this year. Three venues in Orange Beach and Gulf Shores will host watch parties this weekend. Fans can expect live music, themed cocktails, costu
Gulf Shores City Hall
By OBA Staff April 29, 2026
Gulf Shores, Ala. — (OBA) — At their Monday night meeting, the Gulf Shores City Council approved a pre-zoning and annexation request for the Riviera property. The decision permits a new residential and commercial development. The property sits at the northwest corner of County Road 8 West and Highway 59. City official
Nesting season runs through late October
By R. Ken Cooper April 29, 2026
Orange Beach, Ala. — (OBA) — Sea turtle nesting season is set to begin along the northern Gulf Coast, including Alabama, Florida, and Mississippi. The annual event brings threatened sea turtles ashore to lay eggs. Officials say public awareness is key to protecting the endangered animal and urge beachgoers to follow s
Facility engineered to withstand 160 mph winds and store vessels up to 55 feet
By OBA Staff April 29, 2026
Gulf Shores, Ala. — (OBA) — With hurricane season approaching, boat owners along the Alabama Gulf Coast are being urged to be prepared. Legendary Marina & Yacht Club in Gulf Shores is offering storage options designed to protect vessels during a major storm. The marina is one of the only facilities on the Gulf Coast
Show More