The City of Auburn has filed a motion to dismiss a lawsuit appealing the city council’s decision to shorten Indian Hill Road, blocking a developer from connecting a mixed-use development to the city’s road.
In the motion, the city says it obeyed the laws and followed procedure and that the move was legal.
The developer’s suit “fails to state a claim upon which relief can be granted,” the city’s motion says. “Therefore, it is due to be dismissed …”
The developer, SLABCO, LLC, filed the suit in circuit court as an appeal to the city council’s July decision to vacate the right of way at the end of Indian Hill Road and giving it to adjoining property owners, in essence shortening the road.
When they found out developer David Scott’s company had plans to connect an access road from a development to their residential street, homeowners expressed concerns about increased traffic and safety.
Indian Hills subdivision is in the City of Auburn, but the road dead-ends at the Auburn-Opelika city limits. The planned development is in Opelika.
Scott has said connecting to Indian Hill Road is the only feasible option for an access road on that side of the development, as other possibilities are either too costly or too dangerous.
Kevin Cowper, assistant city manager, said Auburn is in no doubt of its position.
“We’re confident that the city council followed the proper protocol in vacating the right of way and they acted within the confines of the law,” Cowper said.
Developer David Scott of SLABCO did not return phone calls.
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