Shelby County, Alabama
A landowner in Shelby County, Alabama, has won a temporary court order stopping utility crews from clearing land on his 416-acre retirement property. The utility plans to build a 125-foot-wide right of way for a new 74-mile power line. The court order requires Church to post a $10,000 bond while his larger legal challenge moves through the courts. The ruling stopped power company contractors who had already started clearing trees and earth about 500 yards from Church’s property line in Calera. Judge Spann said Church could face immediate and irreparable harm if crews continued working before the dispute received a final ruling, according to local television station WVTM 13. Church bought the 416-acre farm in Calera four years ago with plans to build a retirement home. Reporting by 1819 News showed that Church proposed other routes. One option would move the line 200 yards and use existing, cleared utility easements nearby. Alabama Power engineers testified during the hearing that the 74-mile transmission project, running from Autaugaville to East Pelham, is intended to reduce strain on the electrical grid and improve regional power reliability. The company said contractors needed access to Church’s land by October to meet a planned May 2027 completion date.
Church publicly called the fight a “David and Goliath situation” as he worked to protect his property rights, local wildlife, and privacy. Judge Spann noted that Church received the formal final offer letters only after Alabama Power had already filed its condemnation lawsuit, according to the written court order published by the Trussville Tribune. The judge also said Church was likely to succeed in arguments that the selected route and access roads were arbitrary and capricious. The court said utility planners did not properly consider future land use, possible development, or small changes to the route that could have avoided major damage to the property. He said Alabama Power can continue work on other available sections of the route while Church’s lawsuit is being decided. Alabama Power says its policy is to reach voluntary agreements with property owners whenever possible. In a public statement about the lawsuit, Alabama Power said: “We understand that property is personal. The court’s order says Alabama Power cannot enter Church’s property unless and until the court orders otherwise.
The order has paused construction work on part of a major regional power project. Circuit Judge Jonathan A. Spann issued a preliminary injunction blocking Alabama Power from entering Fenn Church’s property. The court found that Church was likely to succeed in claims that Alabama Power did not follow required procedures before starting condemnation proceedings, especially rules about the timing and content of its final offer letters. The property contains old-growth trees, wetlands, and Buxahatchee Creek. After the two sides failed to reach an agreement, Church rejected three separate purchase offers and Alabama Power began condemnation proceedings under state eminent domain laws. Court records show that the planned route would divide Church’s land into six separate parcels. It would also give the utility access to his main private driveway for heavy equipment. The utility rejected the proposed changes. His legal battle later received wider national attention after country music singer John Rich promoted his cause on social media. During a two-day hearing in Shelby County, lawyers presented evidence about how Alabama Power handled its condemnation notices. The court found that this timing denied the landowner certain rights provided by state law. However, Judge Spann wrote that the larger project remains on schedule. The company uses court-supervised condemnation only when negotiations fail. We have demonstrated our commitment to treating property owners fairly and respectfully throughout this process. Despite those assurances, Church raised concerns in court filings about Alabama Power’s ability to lease easement access to third-party telecommunications companies. Such an arrangement could allow outside traffic to use his private driveway. After the judge issued the preliminary injunction, Church described the order as an important victory for private property owners facing utility land seizures. The preliminary injunction will remain in place while the court sets a date for hearing Church’s main lawsuit, which challenges the validity of the condemnation.