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Alabama Supreme Court rules that Intracoastal bridge construction can continue

R. Ken Cooper • August 25, 2023

Breaking News: Alabama Supreme Court rules in favor of the Alabama Dept. of Transportation on Intracoastal Waterway Bridge

Intracoastal Waterway Bridge

Gulf Shores, Ala. – (OBA) – This morning the Alabama Supreme Court sided with the Alabama Dept. of Transportation and is allowing construction of the new Intracoastal Waterway bridge on the west end of Orange Beach to continue.


This ruling reverses a ruling by Montgomery Circuit Court Judge Jimmy Pool back in May.

The Supreme Court of Alabama has reversed a preliminary injunction that had halted the construction of a bridge over the Intracoastal Waterway in Baldwin County.


The legal battle began when Baldwin County Bridge Company, LLC (BCBC) filed a lawsuit against John R. Cooper, in his official capacity as Director of the Alabama Department of Transportation (ALDOT), and Scott Bridge Company, Inc. BCBC sought to halt the construction. This led to a complex legal situation that spawned three matters pending before the court.


Mandamus Relief and Executive Privilege

Cooper sought mandamus relief from an order compelling him to respond to discovery requests made by BCBC. He argued that the information sought was protected by the executive-privilege doctrine. The court's decision on this matter has been rendered moot due to the ruling on State immunity.


Preliminary Injunction Reversed

The trial court had granted BCBC's motion for a preliminary injunction to halt construction of the bridge. Both Cooper and Scott Bridge appealed the injunction. The Supreme Court concluded that BCBC's claim, on which the preliminary injunction was based, was barred by State immunity. Accordingly, the injunction was reversed.


Implications for Construction

The reversal of the preliminary injunction means that construction of the bridge may resume. The decision has been closely watched by legal experts and could have implications for future cases involving State immunity and executive privilege.


Conclusion

The ruling by the Supreme Court of Alabama adds a new chapter to the legal saga surrounding the construction of the bridge in Baldwin County. With the preliminary injunction reversed, it remains to be seen how the parties will proceed and what impact this decision will have on the broader legal landscape.


Statement from Mayor Robert Craft on the Supreme Court ruling to overturn injunction halting construction on ALDOT’s Waterway Bridge

August 25, 2023


This is a great day for our residents and the millions of visitors to Alabama’s Gulf Coast. Today’s Supreme Court decision means that the new, free bridge over the Intracoastal Waterway will be built. We have said all along that the Waterways Bridge will clearly serve the public’s interest and improve the safety and welfare of residents and visitors in our local communities. Our support for this critical project never wavered and our resolve to fight to make it a reality never weakened. When constructed, the Waterways Bridge will immediately improve traffic conditions on State Highway 59, provide an additional evacuation route off the island, and create a foundation of new transportation infrastructure to help accommodate the continued growth and success of Alabama’s beaches and state-wide economy. I applaud the leadership of the Supreme Court and their clear reading of state and federal law in allowing this vital project to move forward so that we can make our communities safer. 


Key Points from the Supreme Court decision:

  • Not a single Supreme Court Justice voted to uphold the injunction which stopped construction on the Waterways Bridge. 
  • Baldwin County Bridge Company’s “bad faith” argument is void and ordered to be dismissed.
  • It is undisputed that BCBC has been aware that ALDOT was making plans to build a third bridge since at least 2015.
  • ALDOT Director Cooper was “wrongfully enjoined” from continuing construction on the third bridge. In fact, he had the right all along to do what he was enjoined from doing.
  • Construction on the Waterways Bridge is allowed to resume.


Intracoastal Waterway Bridge Related Articles

Judge Orders Intracoastal Waterway Bridge Project to Halt Construction
By OBA Staff May 17, 2023
Circuit Judge Jimmy Pool from Montgomery County ordered that all construction of a new bridge over the Intracoastal Waterway in Gulf Shores be stopped. He added a scathing review of ALDOT Director, John Cooper, and called the project, “Cooper Bridge.”
ALDOT Loses Appeal, Ordered to Pay $3.6 Million to Family for Gulf Shores Bridge Property
By R. Ken Cooper April 10, 2023
The Alabama Supreme Court has upheld a $3.6 million award to the Ellenburg family, who were forced to sell their dream home to ALDOT for the construction of the new Intracoastal Bridge in Gulf Shores.
The Alabama DOT opened bids on a new bridge over the Intracoastal Waterway on Sept. 30.
By OBA Staff October 4, 2022
Gulf Shores Mayor Robert Craft still isn’t sure a new bridge will be built over the Intracoastal Waterway east of the city’s airport but he said there is good news on the possible construction moving forward.
Gulf Shores, Ala., is seeking a $60M federal grant to build a bridge over the Intracoastal Waterway.
By John Mullen September 7, 2022
Gulf Shores is applying for a federal grant of about $60 million to help fund a new bridge over the Intracoastal Waterway the state said is on again for the third time.
Gulf Shores, Alabama, leaders want the state to build a new bridge of the Intracoastal Waterway.
By John Mullen August 22, 2022
Mayor Robert Craft said at a recent council meeting the city would soon be drafting a letter laying out its case for the Alabama Department of Transportation to move forward with plans to build a new bridge over the Intracoastal Waterway. The council is meeting today, Aug. 22, in an executive session to discuss the city’s response.
Reroute of Canal Road around Gulf Pines neighborhood in Gulf Shores, Alabama, is in limbo.
By John Mullen April 29, 2022
Frustration with the Alabama Department of Transportation was a common theme when Gulf Shores conducted a town hall meeting to inform residents of upcoming road and infrastructure projects.
A map showing proposed new roads in Gulf Shores, Alabama.
By John Mullen December 6, 2021
A bridge debate continues in South Baldwin County but whichever bridge is built, Gulf Shores Mayor Robert Craft would like to see an improved connection from the new span to State Route 59 in the heart of his city.
By John Mullen November 20, 2019
There are lots of plans to make new roadways and studies about other proposed pathways to accommodate golf carts and the like. But none are probably not as exciting as a Gulf Shores proposal to make a pedestrian and bicycle bridge spanning the Intracoastal Waterway where the old cantilever bridge used to provide access to the island. The Intracoastal Waterway was completed in 1937 and the bridge replaced an old pontoon bridge in the 1940s. The current bridge was completed in 1971.

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