City interested in injunction filed by another party against Valley Grande
Published 12:00 am Sunday, December 1, 2002
The city of Selma may not have to get an injunction to stop Valley Grande from incorporating, since someone has already filed an injunction on their own.
According to Jimmy Nunn, city
attorney, a lawsuit was filed sometime in the past eight days in an effort to stop the community’s incorporation efforts.
“We might get our results through this lawsuit,” said Nunn.
On Friday, Nunn did not know who had filed the suit.
A hearing is scheduled Monday at noon in Judge Marvin Wiggins’ court to hear the injunction request.
Nunn advised the Selma City Council to wait and see how the court handles the current injunction request before taking any action. He said that if the city did file its own lawsuit the court might just consolidate the two since they are both so similar.
If it turned out that Selma’s interests weren’t being protected in the suit, Nunn said, then at that time the city could intervene and become a co-plaintiff.
However, Nunn said that there were still many questions that require a reading of the suit itself. He estimated that he would receive a copy of the suit Monday.
Councilwoman Nancy G. Sewell then said that the council needed to give Nunn the authority “to safeguard the city.”
A vote then passed 6 to 1 in favor of giving Nunn that authority with councilwoman Rita Sims Franklin voting against. Council members Glenn Sexton and B.L. Tucker were not present at the meeting.
Franklin said that she had asked Nunn who had filed the lawsuit, who were the attorneys involved, and who the plaintiffs and defendants were.
At Friday’s council meeting, though, that information was not available.
Franklin said she also didn’t want to get into a situation that would deny the right to vote to anybody.
Also, she said, Selma might have to pay the bill for any lawsuit the city filed.
In other matters the council:
Discussed an idea by Councilwoman Bennie Ruth Crenshaw to put a proposal together that would let people know the council is moving forward, and not working to the detriment of the community. President George Patrick Evans agreed saying that the issue was about working together, not working against the community.
Listened to Mayor James Perkins Jr. explain that Alabama state code has a provision concerning the control and supervision of schools that are brought into a city due to annexation. According to the statute, Perkins said, the county and city boards of education and the city council could agree to keep current school operations without any change.
Heard from Darrell Meyer, Senior Vice President of KPS Group. He said his company could develop a proposal for the council concerning the annexation issue and present it to the council by their Dec. 9 meeting.