Valley Grande objections overruled
Published 12:00 am Friday, January 31, 2003
And the incorporation wheels grind on.
Around 2:30 p.m. on Thursday Probate Judge Johnny Jones signed the order denying objections to the incorporation of Valley Grande.
J. Doyle Fuller, the attorney representing Valley Grande residents who want to incorporate, said that Jones has ordered the process to go ahead.
The order, Fuller said, is lengthy and addresses every objection that was raised by Collins Pettaway, attorney representing Valley Grande residents who don’t want to incorporate. An individual determination was made by Jones on all objections, Fuller added, and each one was found lacking in legality.
The metes and bounds description was an example of one objection Jones overruled, he said.
Fuller said that lawyers and judges rely on previous cases to make their rulings, and that the Alabama Supreme Court had already made a ruling about the metes and bounds issue.
Since all inferior courts are forced by law to follow that decision, Fuller added, Jones had no choice but to overrule the objection.
Pettaway, however, said that the law states a metes and bounds description must be accurate and that Fuller’s wasn’t.
Fuller, Pettaway added, said that governmental subsections can be used in the description. He added that this is true, but a metes and bounds description is still necessary.
Pettaway said that Jones’ ruling was what he expected and that a writ of mandamus and prohibition had already been prepared.
The writ, Pettaway explained, is an appeal of Jones’ order. If granted, the order would be null and void.
Pettaway said that as soon as his clients come to his office and sign the writ then he’d file it in circuit court. That could be as early as today.
The appeal will go to the circuit court, and if Jones’ order is not overturned could then proceed to the appellate court if either attorney chooses to continue the process.
Fuller said that the next step of the incorporation process is an enumeration or census. Jones will appoint three people to conduct the census, and it will mostly likely last into next week.
After Jones receives the results of that census, Fuller added, he would then have three days to declare Valley Grande a town.
Fuller said that his role in Valley Grande’s incorporation is over unless there are any other legal challenges.
However, if the new town needed any advice then he’d help.