North Jefferson News, Gardendale, AL

Top Stories

August 13, 2013

Updated: Home Field Sports Grill lawsuit against Fultondale thrown out

BIRMINGHAM — A civil court judge has granted the city of Fultondale's motion for summary judgement against the corporate parent of Home Field Sports Grill, which effectively throws the case out.

Jefferson Circuit Court Judge Tom King ruled against CNL Properties and owner John Douglas, who had sued the city in a long-running dispute over the restaurant on Decatur Highway which was heavily damaged by the April 2011 tornado.

City building inspectors had ruled that the building was damaged more than 50 percent, and therefore had to be rebuilt in conformance with current zoning ordinances since the structure was built before zoning laws were first enacted in the city.

Douglas had contended that the damage was less than 50 percent, and therefore could be repaired without having to meet current zoning laws.

King ruled that Douglas had not exhausted all avenues of appeal of the city's decision within the 12 months prescribed by city laws, and therefore was not entitled to seek remedies through the court system.

Fultondale Mayor Jim Lowery was happy with King’s ruling.

“We feel like the judge looked at all the facts. The ruling was made and we were simply defending ourselves against a lawsuit,” Lowery said. “The zoning code we were defending is in every city. For us to defend ourselves, we simply had no choice. We were on the right side of the law.”

Even though the lawsuit did not go to a full trial by jury, the defense was an expensive proposition.

“The city spent over $100,000 defending ourselves on this case. The taxpayers will have to pay for that. It’s unfortunate, but that’s the way it is,” Lowery said. "I felt like justice was served. I feel like Mr. Douglas had a right to question anything he wanted to question, but it was absolutely necessary for us to defend ourselves. Hopefully the property owner will work with the city on the cleanup of the tornado damage."

Text Only
Top Stories
Featured Ads
NDN Video
What's Got Jack Black Freaking Out at Comic-Con? Doctors Remove 232 Teeth From Teen's Mouth Bradley Cooper Explains His Voice in 'Guardians of the Galaxy' Deja vu: Another NYPD officer choke-holding a suspect Chapter Two: Becoming a first-time director 'Fifty Shades of Grey': Watch the Super Sexy First Trailer Now! Reports: Ravens RB Ray Rice Suspended For 1st 2 Games Of The Season Air Algerie plane with 119 on board missing over Mali Diamond Stone, Malik Newman, Josh Jackson and others showcase talent Free Arturo - The World's Saddest Polar Bear A Look Back at Batman On Film Through The Years LeBron James -- Dropped $2k On Cupcake Apology ... Proceeds To Benefit Charity Snoop Dogg Says He Smoked Weed at the White House Raw: Fight Breaks Out in Ukraine Parliament Chris Pratt Interrupts Interview To French Braid Intern's Hair Shirtless Super Mario Balotelli Dances While Ironing - @TheBuzzeronFOX Whoa! Watch "Housewives" Star Do the Unthinkable LeBron apologizes to neighbors with cupcakes Justin Bieber In Calvin Klein Underwear Shoot Samsung Pre-Trolls The IPhone 6 With New Ad
Twitter Updates