Less than a week after a hearing between Plains Southcap and Mobile Area Water and Sewer System, Mobile Probate Judge Don Davis issued a ruling on Sept. 17.
Davis sided with MAWSS and threw out Plains Southcap’s lawsuit for condemnation, which means the pipeline is not going through the Big Creek Lake watershed for now.
“Judge Davis granted our motion to dismiss the suit against MAWSS for condemnation,” said MAWSS attorney Chris Arledge. “In the state of Alabama, only corporations can condemn lands … not an LLC, which is what Plains Southcap is.
“It’s good news for MAWSS and it’s good news for the watershed.”
A Plains official noted the battle over Big Creek Lake isn’t over yet saying, “We will review the court decision and then consider available options.”
The two sides were in court on Sept. 12 before Davis. MAWSS argued an LLC does not have the power to condemn land.
The proposed watershed would link the company’s facility at Ten Mile in the county to the Chevron refinery in Pascagoula, Miss., moving crude oil there for processing into lubricants.