Date: 02-26-2011

Case Style: M&N Minerals v. Town of Gurley

Case Number:

Judge: Karen Hall

Court: Circuit Court, Madison County, Alabama

Plaintiff's Attorney: Michael Vercher, Christian & Small, L.L.P., Birmingham, Alabama

Defendant's Attorney: Angela Shields, Kee & Shelby, L.L.P., Birmingham, Alabama for the Town of Gurley

Charles Sheehand, Montgomery, Alabama

Description: M&N Minerals sued the Town of Gurley on an inverse condemnation theory and Mayor Stan Simpson on a tortious interference theory over a dispute over plans for the development of a rock quarry outside Gurley. Plaintiff claimed that Defendants' efforts to block Plaintiff's efforts to open and develop a rock quarry constituted a taking of its property without just compensation and interfered with a business relationship that it had with Vulcan Materials.

Plaintiff claimed that when its plans for the development of the quarry became public, area residents complained and the town had a referendum in 2004 which approved annexation of the property. Gurley then zoned the property for agriculture use, effectively preventing the development of the quarry.

The property was ultimately sold to Vulcan Materials for $1 million, far less than Plaintiff claimed would have been the value of the property absence the cloud on the property created by Defendant.

Defendant claimed that M&N could not deliver on promises it made to Vulcan for transportation access and a lease on an adjacent property as the cause of the reduced fair market value of the property.

Outcome: Plaintiff's verdict on the reverse condemnation theory for $2.75 million and $300,000 on the tortious interference claim against Mayor Stan Simpson

Plaintiff's Experts:

Defendant's Experts:

Comments: