Lee County Commission Files Court Complaint Against Creekwood, Resources, LLC

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BY HANNAH LESTER
HLESTER@
OPELIKAOBSERVER.COM

Lee County residents are still waiting to see if a quarry will open in Beulah. The ongoing fight against Creekwood Resources, LLC, for a quarry in Beat 13 has come to a head with a lawsuit.

The Lee County Commission filed a court complaint against Creekwood Resources, LLC, on Sept. 2.

Citizens formed a group, Protect Beulah, in August of 2020 and began holding meetings, speaking with representatives and speaking out against Creekwood.

Creekwood applied for, and received the necessary permits from the Alabama Department of Environmental Management Agency.

In the meantime, a Lee County Planning Commission was formed which created zoning regulations for Beat 13, which were voted on and approved by residents.

These zoning regulations would ban a quarry in the Beat 13 area, however, it remains to be seen if legally the planning commission’s regulations will apply to Creekwood.

The complaint filed on Sept. 2 outlined the problems the commission has with a quarry in Lee County, including disruption of Halawakee Creek and harm to residents, among others.

“A preliminary injunction is appropriate here because the case presents a substantial question regarding the rights to be protected, and preservation of the status quo is both expedient and necessary to prevent injuries both imminent and irreparable in a court of law,” the complaint said. “The trial judge’s action in granting an order to preserve the status quo will not be disturbed unless there is an abuse of discretion by violation of some established rule of law or principle of equity. No such violation will occur by maintaining the status quo here.

Other listed defendants in this complaint include Highway 29, LLC and Charles Michael Teel and Wanda K. Teel, along with unnamed defendants X-1 and X-20.

“A declaratory judgment, pursuant to the Alabama Declaratory Judgments Act, Ala. Code §§ 6-6-220, et seq., declaring that the quarry will constitute an imminent and threatened interference with or diversion, degradation, or destruction of property subject to a public trust — including, specifically but not limited to, the common aquifer, Halawakee Creek, its wetlands, habitat, ecology, the public water supply, and its historical, aesthetic and cultural resources,” the complaint asked for judgement against the defendants.

The complaint also asked for “relief against defendants” and the expenses and costs associated with the complaint.

“Remember we told you to not panic over the issuance of permits from ADEM and to remember our Lee County Commission will continue to fight for us…,” the Protect Beulah Facebook page shared with its followers. “Well, they are doing just that. Lawsuits were filed against the quarry and affiliates on Sept. 2, 2021, by Lee County Commission. Also, an Administrative appeal hearing to the Alabama Environmental Management Commission will take place October 8th in Montgomery.

“They are moving forward to protect our community, county, people and land. We will update on court dates and news as we get updated information.  If you have any questions or want more information, you may email us at protectbeulah@gmail.com.”

The Observer reached out to Creekwood Resources, LLC, regarding the complaint but due to the litigation, Creekwood cannot comment at this time.

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