Probate Judge Rules In Favor of MAWSS

Probate Judge Rules In Favor of MAWSS

Posted: Updated:
Mobile, AL -

Judge Don Davis has ruled in favor of the Mobile Area Water and Sewer System.  MAWSS is being sued by Plains Southcap LLC.  The pipeline company was suing to condemn the last piece of land needed to build a controversial pipeline through the Big Creek Lake watershed and near Mobile’s water supply.

MAWSS lawyers argued Plains did not have the ability to use eminent domain because it is an LLC.  Alabama law does not specifically list LLCs as an entity that can use eminent domain.  An appeal to a higher court is almost a certainty.  You can read the ruling here.  While an appeal is very likely for the time being Plains spokesman issued a short statement:  "We will review the court decision and then consider available options."

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