Council votes to pursue cross-claim against Signature Homes, approves code enforcement abilities for fire marshal
The Vestavia Hills City Council considered a handful of items at its first regular meeting of March, but also entertained an executive session to discuss pending litigation, a session that resulted in the council voting to issue a cross-claim in an ongoing lawsuit.
After the executive session, the Council voted unanimously to pursue a cross-claim against NSH Corp., otherwise known as Signature Homes, on the grounds of a breach of contract.
A cross-claim is a legal action filed by one defendant against a co-defendant in an ongoing court case. In this instance, the City of Vestavia Hills and NSH Corp. are co-defendants in a lawsuit filed by homeowners on Old Looney Mill Road adjacent to Patchwork Farms.
Defendants, including the city, sought to have the case dismissed, but the court denied the request in August and approved moving into the discovery phase.
On Monday, the Council voted to file a cross-claim against NSH for not maintaining a 35-foot landscaping buffer, as was discussed as part of the original sale and rezoning of the property in question.
Outside attorney for the city Ben Owens said the absence of the the buffer between the plantiffs’ homes and the apartment complex was one of the reasons behind one of the claims against the city — that the city had failed to require NSH to maintain that buffer.
The cross-claim, he said, answers that issue in a way.
“They have failed ot do that and are in breach of contract,” he said, “by filing a cross claim, we are in essence asking them to do so.”
According to an attorney for for the plaintiffs, a trial date has been set for March 4, 2019.
The council also voted to increase the authority of the fire marshals for the Vestavia Hills Fire Department, giving them the ability to issue citations for fire code violations when they are discovered.
VHFD Chief Marvin Green said the idea was to streamline the inspection and enforcement process, and take a load off code enforcement for Corporal Jimmy Coleman of the Vestavia HIlls Police Department.
City Attorney Pat Boone chimed in that as long as the marshals are certified, the city has the legal right to make this change to the enforcement practices.
Other Council Business Included:
- Approving updates to Ordinance 2132 to bring the city’s fire code in line with the rest of the zoning code.
- Postponing action on two requests for an alcohol license due to a change of ownership for the Rite Aid at 706 Montgomery Highway and at 3965 Crosshaven Drive.
- Changing the date of the next council meeting to March 22, due to spring break taking place March 26-30.