Florida St. Businesses Headed to Trial Over Damages Caused by Prolonged Construction

Mobile Circuit Court Judge Rusty Johnston will set the trial of the Florida Street Businesses in 2011.  Protracted construction on the narrow midtown thoroughfare of Florida Street by Volkert Engineering, Walton Construction and the City of Mobile persisted for almost three years.  During that time, the business along that mile of road were either inaccessible by the public or were limited in their accessibility.  

The lawsuit claims construction was a nuisance to the businesses and that the defendants trespassed on the businesses’ properties with heavy equipment, mud and construction debris.  Plaintiffs argue that this conduct, and the delays that made the project last more than a year past its agreed-upon completion date, caused the businesses to be damaged, financially.  Burns, Cunningham & Mackey, P.C. attorneys Pete Mackey and Troy Schwant represent the interests of many Florida Street businesses seeking redress for those damages, and will try this case before a Mobile County Jury.