Alabama Power appeals injunction in Shelby County case
Alabama Power appeals order blocking entry onto Shelby County man’s property
CALERA, Ala. —
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Alabama Power Company has appealed a Shelby County judge’s order temporarily blocking the utility from entering property owned by Calera man Fenn Church to begin work on a major transmission line.
The utility filed the appeal Thursday with the Alabama Supreme Court. It challenges a preliminary injunction issued Sept. 22 by Shelby County Circuit Judge Jonathan A. Spann.
The order prevents Alabama Power from entering Church’s property unless the judge orders otherwise.
The dispute involves a proposed 74-mile transmission line from Shelby County to Autauga County. Alabama Power says the $248 million project is needed to help relieve overloading on the existing electric grid.
Alabama Power obtained a condemnation order through the Shelby County Probate Court and says it has paid the condemnation award into court and posted a bond for twice the award.
Church later asked the circuit court to block the utility from entering his property while the case continues. The judge granted that request.
In its appeal, Alabama Power argues the injunction improperly blocks rights it says are protected by the Alabama Constitution and state law. The company also disputes the court’s findings about the condemnation process and whether Church could suffer harm that could not be addressed through monetary damages.
Alabama Power says it also plans to ask the Supreme Court for an emergency stay so construction can move forward.
The appeal does not end the underlying legal dispute. The condemnation case remains pending in Shelby County Circuit Court.
This is a developing story and will be updated as information becomes available. Stay updated on the latest stories with the WVTM 13 app. You can download it here.
