Alabama RV Park Plan Lands in Court
October 1, 2010 by Justin Leighty - () Comments Off on Alabama RV Park Plan Lands in Court
Bay Hill, Ala., residents are seeking legal action to prevent a recreational vehicle resort from locating in their subdivision, The Decatur Daily reported.
The subdivision is on the Elk River southwest of Athens, Ala.
Attorney Michael Lambert, who is representing two property owners, notified the Limestone County Commission on Wednesday (Sept. 29). According to court records, the defendants, developer Joel Wilson III and Lakeshore RV Resorts, filed a motion Wednesday seeking that the case be dismissed.
According to the lawsuit, the only entrance and exit to the subdivision is a private road called Bay Village Drive. Residents claim in the lawsuit that the road is 18 feet wide and cannot safely accommodate RVs.
The lawsuit states the road is not graded properly for water runoff, RVs would further damage the road and RVs will create a hazard to those using the road.
Those conditions create a public nuisance because there is no alternative route for residents to use, the lawsuit states. Residents also contend defendants are selling lots and have not made road improvements, so the residents are seeking an injunction.
Residents have asked the court to declare that the resort violates state and county laws.
In August, the Limestone County Commission voted unanimously to require the developer to submit a plan to widen the 18-foot-wide road.
Wilson had sought a variance to use the road even though county subdivision regulations require the road to be at least 22 feet wide.
Lucy’s Branch LLC owns the road, and commissioners said the developer and owner would have to work out an agreement to widen the road and bring that proposal back to the commission for consideration.