Gulf State Park Suit Tossed by Supreme Court

Two other cases remain pending
Saturday, January 28, 2006
By DAVID FERRARA
Staff Reporter

BAY MINETTE -- The Alabama Supreme Court on Friday tossed out a suit -- filed by Baldwin County District Attorney David Whetstone -- that questioned the legality of a deal between Auburn University and the Conservation Department to build a hotel and convention center at the old Gulf State Park resort.

The high court called Whetstone's suit "nothing more than an action by the state against itself seeking an advisory opinion."

Hurricane Ivan mangled the park resort in September 2004, but it was already slated for renovation before that, according to reports.

Last year, Auburn University and the Conservation Department announced plans to redevelop the Gulf State Park facilities. Since then, a trio of suits filed here and in Montgomery has contested the plans to replace the surfside park's former 144-room hotel with a new $100 million, 350-room hotel and convention center.

Whetstone filed suit in May, questioning the legality of the deal and whether it was done in the best interest of Alabamians. The state Supreme Court decision reads that the Gulf Park Authority is "a public corporation and instrumentality of the state.

"We conclude that the state's complaint fails to allege a justiciable controversy between the defendants and the state," the ruling states.

Whetstone said he was disappointed with the decision.

"I really thought the cases should be tried in the county where the great park sits," Whetstone said. "The average person in Baldwin County is not represented. Apparently, you could not have a voice in this issue, unless you have a lawyer."

A month after Whetstone filed suit, Gulf Beach Hotel filed an action similar to Whetstone's in Montgomery, maintaining that the project is illegal and unconstitutional because it pits public entities against private business. The Perdido Beach Resort is in Orange Beach.

A decision on that case was still pending, said Ben Graves, with Stone Granade & Crosby, the firm that represents plaintiff Jim Meadlock, who had wanted the case heard in Montgomery.

As for Friday's decision, he said, "We're very pleased for our client."

Meadlock testified in Baldwin County in July, saying he would have difficulty conducting business if the hotel and conference center were opened.

A decision also has yet to be made in another lawsuit that former state Conservation Commissioner Charley Grimsley filed in Montgomery, claiming the proposal violates a 1998 constitutional amendment because the new facilities would be run by a private company.

Meanwhile, old damaged hotel and resort sits vacant, and any delay with court proceedings, Whetstone said, could pose a threat to the area.

Whetstone said he would look into filing a request for a speedy decision on the issue.

"We can't allow the great state park to sit in the condition that it's in," he said. "A delay would be a great injury, not only to the people of Baldwin, but to the people of Alabama. It's a nuisance because nothing is being done. It's becoming dangerous, and it's going to become more dangerous."