Alabama Power Seeks Restraining Order Against Calera Property Owner

Alabama Power is asking a Shelby County judge to keep a Calera property owner at least 300 feet away from its crews, escalating a fight over a new transmission line. The utility filed a lawsuit and motion for a temporary restraining order on Wednesday, Nov. 4, alleging the property owner refused to move back from a work area the previous day, preventing crews from clearing trees.

Alabama Power argues the buffer is needed for safety during heavy equipment use and that further delays could jeopardize its May 2027 target for putting the 74-mile transmission line into service. The company is asking the court to bar the property owner and his company, GF Church Properties II, LLC, from interfering with the work.

Confrontation between Alabama Power and Calera resident Fenn Church

Lawsuit Filed After on-Site Confrontation

The legal action stems from an incident on Tuesday, Nov. 3, when an Alabama Power representative asked the property owner, Grady Fenn Church, to remain 300 feet from clearing operations on his property, according to court documents. Church refused, preventing the work from starting, the utility alleges.

Legal Context of the Dispute

This request comes after a September order had barred Alabama Power from entering the property while a condemnation case was pending. The Alabama Supreme Court stayed that order on Oct. 21. Alabama Power states it has deposited the full compensation awarded in the condemnation case and filed an $850,870 appeal bond, which it says permits entry onto the property while the case continues.

alabama power asks judge to keep calera property owner 300 feet from crews
Photo: wvtm13.com

Waiting for Hearing Date

No hearing date has been set for the restraining order request. The underlying eminent domain dispute remains unresolved.