Marla Jones, Managing Editor
marla@southerntorch.com
FORT PAYNE, Ala.--A class action complaint has been filed against the City of Fort Payne in DeKalb County Circuit Court. The complaint seeks injunctive relief to stop a $3.1 million deal with Marathon Realty Corporation and the City of Fort Payne, through a memorandum of understanding approved in February with a 3-2 vote. Those voting against the memorandum were John Michael Smith and Johnny Eberhart.
The matter was already filed in Circuit Court for an Alabama Amendment 772 hearing.
The 2004 enactment of Alabama Amendment 772 (Alabama Act 2004-94) has allowed local governments greater flexibility in the types of incentive packages that they may offer to entice retail businesses to locate or expand in their community.
Marathon Realty Corporation is the parent company of grocery retailer, Food City. The retailer plans to build a new store in Fort Payne.
The named plaintiffs in the complaint include David Bruno; Ancro Doors, LLC; Thrive Outdoor, Inc.; Dona Weatherly; Ed Westmoreland; Dr. Joe McNew; Ed Chadwick; Chadwick Plumbing & Piping Services, Inc.; MB Fort Payne Footworks, LLC; Shan Bruce; Shan Bruce Enterprises, Inc.; Robert Davis; Bernard Bowles; and Pete Little.
The Plaintiffs are represented by the firm of Scruggs, Dodd & Brisendine Attorneys, P.A. in Fort Payne.
Attorney Allen Dodd released the following statement to Southern Torch:
“The Plaintiffs represent themselves and the taxpayers of Fort Payne, individuals and businesses. While everyone welcomes new business to Fort Payne, every business should have to stand on its feet and pay its own way.
The City Council's unconstitutional decision to give away more than $3 million of City money needs to be challenged. Rather than give that money away to a large, out-of-state corporation, that money would be better spent on raises for City workers, teachers, police officers, firemen, street and sanitation workers, and to repair our streets.
The City's decision is wrong, is not supported by valid data, and the City has not complied with the relevant part of the Alabama Constitution.
The Plaintiffs look forward to a full airing out of the issues and hope that the City will come to its senses.”
The Plaintiffs seek a judgment on the validity of the memorandum of understanding and an injunction to prevent its enforcement.
