Alabama Baptist State Board of Missions (SBOM) officials are only a few weeks away from hearing the result of an appeal to the Oct. 27 circuit court ruling on the Montgomery property they had hoped to sell by now.
Montgomery County Circuit Judge William A. Shashy ruled in favor of the homeowners’ association that has refused to sign off on plans proposed by East Alabama Global Development LLC, the development firm seeking to purchase the property from the SBOM.
Following the ruling, East Alabama Global and the SBOM jointly filed a motion to vacate, which asks the judge to reconsider his original ruling.
He has 90 days from when the motion to vacate was filed (late November) to make his decision, which could come any time in the next few weeks.
Shashy can do one of three things — leave his original decision intact, rescind (or vacate) his earlier decision or amend parts of his earlier decision.
“Attorneys felt there were a number of legal factors and precedents that were overlooked in the original decision and the motion is a request for the judge to reconsider his ruling,” said Bobby DuBois, SBOM associate executive director. “In the meantime, the properties subcommittee is considering its future options related to the current developer and/or other developers.”
The members of the properties committee, executive committee and the State Board of Missions trustees are engaged in this process with the properties subcommittee giving primary leadership.
“We have sought to be good neighbors through the process and, at the same time, feel a strong obligation to be good stewards of State Board resources,” DuBois said after the Oct. 27 ruling. “We are praying that a resolution can happen soon.”
The 13.96-acre tract of land sits at the intersection of Taylor Road and Interstate 85 and backs up to Halcyon Forest subdivision.
When the SBOM purchased the property in 1986 for potential relocation, it agreed to have development plans approved by the original owners.
The Halcyon Forest Architectural Review Board was said to be formed, in part, for that reason, but the original owners are no longer involved.
And since that time, messengers to the 2007 Alabama Baptist State Convention voted to sell the property rather than relocate the Baptist Building there.
Messengers also voted to purchase land along the Interstate 65 corridor near Autauga and Elmore counties for a potential relocation site.
But the purchase of that land depends on the sale of the Taylor Road property.
East Alabama Global wants to purchase the Taylor Road property. Its plans for the land include a four-story hotel, two upscale restaurants, an office building and two small retail centers.
But the neighborhood association review board rejected the hotel and restaurants that sell alcohol.
However, in 2009 DuBois reported that a list of costly concessions had been proposed by the development company and the SBOM to deal with the review board’s concerns.
But the two sides could never agree, thus the decision to go to court.
Attorneys for the SBOM and development company argue that the original agreement is no longer binding so any development should be subject only to city zoning restrictions.
But Shashy disagreed in his ruling, stating, “This court finds that the Halcyon Forest Architectural Review Board is the appropriate authority to whom a developer of the Baptist property must seek approval for development plans and architectural design.”
To read more about the Taylor Road property and/or its history, visit www.thealabamabaptist.org and search for “Taylor Road” or “East Alabama Global.”
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