Alabama Supreme Court Reverses Lower Court Order, Sides With Gurley

GURLEY, Ala.(WHNT) – Alabama’s high court sided with Gurley on Friday, reversing a 2011 jury verdict for $5 million against the small town in a dispute over the construction of a rock quarry.

Attorney Davy Canupp represented Gurley in the Alabama Supreme Court appeal.  He says the ruling affirms the town’s position that they did not “take” property owned by M&N Materials.

Town officials have said for more than a year they would not be able to pay the previous judgement and they were looking into bankruptcy options prior to Friday’s decision.

The battle began in 2003 when M&N, owned by area residents Brian McCord and Brian Nelson, began buying land with the idea of building a rock quarry. The property was next to Gurley, but after word of plans for a quarry became public in 2003, dozens of residents actively campaigned against the plan.

M&N issued a short statement to our news partners, The Huntsville Times, on Friday.

“We are studying the court’s opinion and evaluating our options,” the statement read.

Gurley held a referendum in 2004 and voters approved annexing the property into Gurley. Gurley zoned the property for agriculture use, effectively preventing the construction of a quarry.

Read the entire Supreme Court decision CLICK HERE.



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