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Developer suing city of Alabaster over proposed apartment complex
Published Tuesday, June 9, 2009
ALABASTER — Montevallo developer Kenneth Carter has filed a lawsuit against the city of Alabaster, naming the city, Mayor David Frings and Jerry Workman, former city councilman for Ward 1, as defendants in the case.
The suit, which was filed in Birmingham Federal Court June 1, alleges the city and individual defendants denied Carter due process, equal protection and constitutionally protected rights in an effort to halt his plans to build an apartment complex and commercial development.
Carter’s business, Maverick Enterprises, began the process to build the commercial development and apartment complex in 2003.
Greg Morris, city attorney for Alabaster, said the land was divided into two lots, commercial and residential, in 2003 to maximize use of the area, but Carter started and stopped the project several times and failed to follow recommendations made by the city.
Carter contends the project was stalled many times by the city, and that Frings met with Workman and other city officials July 18, 2008, to find a way to stop the project.
Morris said any theory of a conspiracy between the city, the mayor and the city council is unfounded.
“That is absolutely untrue,” Morris said.
Jack Harrison, Carter’s attorney, said the city purposely delayed the process over and over.
“They kept delaying it, delaying and delaying, and now he has nothing left,” Harrison said. “He’s lost everything.”
Morris said he believes had Carter followed through with the process and adhered to city codes, ordinances and recommendations, the development would have eventually been approved.
“I believe he probably would have succeeded,” Morris said. “But he did not do those things.”
Morris said he intends to have the lawsuit dismissed, especially the charges made against Frings and Workman.
“The allegations against them are meritless,” Morris said.
Harrison said the suit does carry merit because in his more than 30 years of working with cities, he has never seen one abuse its power like this.
“Sometimes a city acts like they can do anything they want, and they can’t,” Harrison said.
Harrison will seek a jury trial on Carter’s behalf.
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Comments
Posted by siluriadude (anonymous) on June 10, 2009 at 9:12 a.m. (Suggest removal)
Every time I see kerry Carter's name in the news it is usually about him not following some rule. Sounds like same old same old.
Posted by roro (anonymous) on June 10, 2009 at 12:36 p.m. (Suggest removal)
Hey siluriadude, get your names right!! If you don't have anything nice to say don't say anything at all and if the city of Alabaster would stop saying one thing and doing another you wouldn't have to see articles like these in the news which is useless anyway, why does the whole county need to know everyone's business, because people are nosy and don't know how to stay out of things that don't concern them and that which they know NOTHING about!
Remove the speck from your own eye before passing judgment on Kenneth Carter!
Posted by justiceforall (anonymous) on June 10, 2009 at 11:50 p.m. (Suggest removal)
Mr. Carter has caused a lot of harm to innocent people over the years----I have witnessed his work and know the innocent people. There is justice for all and he should have to answer for his misdeeds like everyone else.
Posted by factco411 (anonymous) on July 2, 2009 at 10:41 a.m. (Suggest removal)
Agreed... Dealings with Kerry Carter confirms dishonesty and deception.
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