The Robertsdale City Council is claiming eminent domain over 40 acres owned by the Baldwin County Cattle and Fair Association (BCCFA), located on Fairground Road and Pearson Street.
Although the BCCFA has not agreed to at least four offers from the City, the city council approved a resolution to move forward with proceedings to take it.
Murphy told 1819 News that his city continues negotiations with the BCCFA and that he is hopeful a resolution will be reached.
"To be frank, I don't know if we're even halfway through with negotiations now," Murphy said. "And I do believe before we come to an end conclusion on it that both sides will reach a workable solution."
The property has been used for public events and has been developed with public funds.
According to court documents, the Baldwin County Commission committed to paying the Association $75,000 annually for 10 years, starting in 2005, when the Association announced plans to build a coliseum on the property. The BCCFA also secured a $7.5 million grant from FEMA, a $2.3 million loan from the USDA and $2.5 in local matching funds.
In exchange, once the coliseum was built, the BCCFA was to convey the real property to Baldwin County and the County would then assume payment of the USDA loan, purchase the coliseum and lease it back to the association.
The County made the $4.8 million purchase in 2008 and entered into a 75-year lease agreement in 2008. The lease agreement was renegotiated to a five-year term in 2017.
The City agreed to purchase the coliseum from the county in 2021 for $2.2 million. Murphy told 1819 News that the county approached them about the purchase due to the debt owed.
The City is already working on a master plan for the property for improvements, park facilities and Baldwin County EMA storage space.
"One of the things that we've incorporated into it that plan would actually help the Cattle and Fair Association," Murphy added. "It's a hard surface oval walkway out there where the midway could be set up, where the people wouldn't be walking in the grass, they would be walking on an asphalt trail. That would be approximately 15 foot wide."
"The rides and the activity would be on the perimeter," he continued. "And then that way, if you had any inclement weather or if it rained or stormed or you got muddy, people could go out there and still participate because they could walk around on a hard surface to go to the rides."
Murphy said the City wants to turn the property into a multifunctional property to benefit the public and offer amenities.
Meanwhile, the BCCFA has filed a lawsuit against the City in reference to the county fair operations.
As part of the coliseum sale agreement in 2022, Robertsdale agreed to allow the annual county fair to continue taking place on the property. The County would pay the City $110,000 after each fair.
In a court filing, the BCCFA states it did not receive funding for operations of the 2022 fair, and the City used the money from the county to pay down the principal.
The following year, Robertsdale budgeted $110,000 for Baldwin County fair proceeds.
The 2023 fair operations had to find another location due to the Association's inability to access the coliseum to prepare and "take down" during the entire month of September. They say the City had already scheduled someone else to use the coliseum during that month. They claim the change cost them $57,500 because they had to find another space and pay utilities there.
The BCCFA claims "unjust enrichment."
"Plaintiff BCCFA has been damaged, and will continue to be damaged, while the Defendant City of Robertsdale is unjustly enriched," the filing states.
The BCCFA wants those funds directed to them for the fair's operating costs. They are asking for back pay of $220,000 for the previous two fairs and for the $57,500 in additional costs.
Attorneys for the BCCFA have not responded to a request for comment.
To connect with the author of this story or to comment, email erica.thomas@1819news.com.
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