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Headlines from Alabama 810 News
- Response filed in Jacksonville tree case
- Battle for water intensifies
- Food bank to re open
- Troopers investigate fatal wreck
Response filed in Jacksonville tree case
Birmingham Attorney Mark Martin, representing
two Jacksonville residents fighting to prevent Alabama Power Co.
from cutting down trees near their homes, has filed a written
response to written arguments by Alabama Power filed two weeks ago
in Calhoun County Circuit court. In the response, Martin states
that his clients have the right to a jury trial to decide the
issue. Martin says it is unclear that the company’s right-of-way in
front of Barbara Wilson’s home on Church Street includes the
contested trees. Martin claims that Alabama Powers arguments are not
valid because expert testimony at a recent hearing left the
boundaries of the company’s easement in doubt. Alabama Power has
sought preliminary and permanent injunctions against actions taken
by Barbara Wilson and Rufus Kinney to block the removal of trees
near their homes. The company asserts that the trees in question
need to be removed because they are too close to the company’s power
lines and pose a hazard if the lines were to fall into them.
Calhoun-Cleburne Circuit Judge John Thomason on Sept. 28 denied the
power company a temporary restraining order, asking instead that the
company file a case as to whether the matter should proceed to
trial. Thomason said he wasn’t convinced of the need to remove the
trees before more evidence is presented. Alabama Power Co. attorneys
argued in a document filed Oct. 4 that the tree-cutting issue does
not merit a jury trial because it involves “the resolution of
factual issues for parties alleging equitable claims.” Martin says
that the combination of legal and equitable issues in the
Jacksonville case necessitates a trial, according to state law and
previous Supreme Court cases. No deadline has been set for a ruling.
Battle for water intensifies
The U.S. Army Corps
of Engineers announced Thursday that it will update the manuals it
uses to decide how Georgia and Alabama share water in a major river
basin, agreeing to a long-sought demand from Georgia officials who
say new formulas are necessary to account for their state's rapid
growth. The agency began notifying lawmakers of the decision
Thursday afternoon. While Georgians cheered the development, it
angered Alabama officials who have fought to block the update,
fearing it could cripple the state's water supply. Both states have
intensely lobbied Corps and Army officials in recent months as
drought has gripped the region. The state of Alabama has also added
new complaints about the Atlanta area's water usage and the U.S.
Army Corps of Engineers to its 17-year-old lawsuit over shared water
resources. The state yesterday filed papers in Birmingham
challenging the government's decision to hold more water in
Georgia's Lake Allatoona, which serves the Atlanta metro area.
Alabama officials also contend the Atlanta metro area is being
allowed to use more water than it is supposed to receive. Neither
the state of Georgia nor the Army Corps has responded to the new
claims, which come in a lawsuit filed in 1990 over water sharing
between Alabama, Florida and Georgia.
Food bank to re open
The Feed America Distribution Center in Gadsden
plans to re open. The center, at the intersection of North 10th
Street and Stroud Avenue, was destroyed by fire Wednesday. Center
officials say the regular distribution of food will resume on Oct.
25-26 at that site. Food will be distributed from 8 a.m. to 5 p.m.
on those days.
Trucks will be parked in the rear of the 15,000-square-foot building
that burned where food will be distributed. Officials said the fire
destroyed about $250,000 in merchandise and equipment in the
building but plans are to rebuild the distribution center where it
had been located for about 13 months. Officials said Feed America
made the plans to reopen for food distribution next week because
there are people depending on the organization. The non-profit
organization serves about 1,600 to 2,000 families a month with food
distributed twice a month. The organization is part of the Georgia
Food Bank. People receiving food pay a $10 administrative fee. Food
comes from donors throughout the country. The food bank will begin a
food drive next month but people wishing to donate non-perishable
food items now can call United Way at 546-4357.
Troopers investigate fatal wreck
Alabama state troopers say there are continuing
to investigate a Thursday afternoon crash on Alabama highway 21 a
mile north of Munford that killed a Lincoln man. Troopers said that
the two vehicle accident occurred shortly after two Thursday
afternoon. 46 year old Ramon Rodrigues was driving a 1988 chevy
corvette and was killed in the accident. The other vehicle, a 1995
ford explorer was driven by 28 year old Travis Tuck of Sylacauga.
Tuck was transported to UAB hospital. Witnesses said that the
victims had to be cut from the wreckage and that the vehicles had
flipped over in the accident.
The Alabama 810
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of Alabama Radio 810 LLC.
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