The Alabama Moderate

Painting the Red State Purple.

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Judge Sets Date for Decision on Argo, Dismisses Injunction

Posted by ALmod on July 27, 2007

During yesterday’s court hearing, Judge Charles Robinson dismissed Springville’s injunction asking that the Town of Argo cease all spending on their proposed new municipal building until after a vote.  I have to disagree with the judge that Springville did not have legal standing to file suit, as such an expense could be passed on to Springville under certain circumstances, and I’m surprised that Springville lawyers didn’t ask the judge to also clear Springville from any future debt associated with the more than $800K project.  (It’s like your next door neighbor running up a credit card and you having to pay it off.)  If Springville lawyers are worth their salt, I expect them to beat Argo at their own game and appeal the case.  Argo argues that they don’t have to hold an election until the appeals process has been exhausted.  Springville should argue that Argo can’t spend the money for the new municipal building until the appeals process has been exhausted.

The good news is that Judge Robinson did set a date for ruling on the issue of an election.  The date has been set for August 8, and the judge has already been quoted by the Birmingham News as saying that he wants an up or down vote.  It looks like it could be the beginning of the end for Argo citizens and their wait.  We could very well be voting on this issue next month.

Argo lawyers brought up that another recent decision to annex was recently thrown out by the Supreme Court, but they also forgot to note that it was because the notification requirements of the election weren’t met.  Some also questioned if the petition should again be brought before Judge Alan King to certify based on whether or not it meets the statutory requirements and not whether or not it has any JeffCo signatures.  I would answer that they should do so without waiting.  Waiting on it is only going to give the Argo leaders what they want:  more time.

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2 Responses to “Judge Sets Date for Decision on Argo, Dismisses Injunction”

  1. Steve said

    Springville won’t have standing merely as a potential taxpayer, and potential harm is not sufficient for standing unless said harm is imminent. Additionally, it doesn’t sound as though the case would be ripe for a suit by Springville. The judge got the case right, though that does little to ease your concern, I’m sure.

    I’ve been on here a couple times before, but this is the first time I’ve commented. I’ll have to make sure I find my way back.

  2. Bubba said

    Judge will order election within a week:

    http://www.al.com/news/birminghamnews/index.ssf?/base/news/118664890241820.xml&coll=2

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