Calera – Shelby County Judge Jonathan Spann has denied Alabama Power’s request to keep Fenn Church 300 feet away from crews working on his property in Calera.
Alabama Power had asked the judge to require Church and others to stay at least 300 feet away from crews clearing trees on his property, citing safety concerns after Church refused to maintain a safe distance from workers.
Judge Spann agreed with Church’s attorneys that the second lawsuit could not proceed, as the judge dismissed the case and denied Alabama Power’s request for a temporary restraining order and preliminary injunction, ithout prejudice, meaning thatAlabama Power could potentially pursue legal action again.
After the ruling, Alabama Power said it was disappointed with the judge’s decision and emphasized that safety of all involved remains its highest priority. The company also noted that Church was awarded $425,435 for Alabama Power’s right to run the transmission line across his property, while he retains ownership of the land. The company is evaluating its legal options and will continue pursuing all available avenues under the law.
