Valley Grande prevails, suit dismissed

Published 12:00 am Sunday, November 23, 2003

It took 10 months from the time residents voted to incorporate, but Valley Grande has finally become a town.

The Alabama Supreme Court ruled Friday that a writ of mandamus filed by opponents of Valley Grande’s incorporation should be dismissed. According to Mayor Herb Story, the legal battles will now cease.

The Supreme Court’s ruling stems from a writ of mandamus filed earlier this year by Collins Pettaway, the attorney representing Valley Grande residents opposed to incorporation.

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A writ of mandamus is an extraordinary appeal occurring when no other option exists. Susan Copeland, the attorney representing Valley Grande residents favoring incorporation, filed her own writ of mandamus with the Alabama Supreme Court when Fourth Judicial Circuit Court Judge Marvin Wiggins denied a motion to dismiss Pettaway’s writ.

On Friday, the court made its agreement known.

Valley Grande voted in favor of incorporating Jan. 9 by a large majority. On Jan. 8 Pettaway filed objections to Dallas County Probate Judge Johnny Jones’ Dec. 16, 2002, decision to allow the election to occur.

Jones overruled those objections at a hearing on Jan. 15, and on Feb. 3 he entered an order of incorporation for Valley Grande.