By Sarah Stephens
Elmore Autauga News
In September of 2023, the Elmore County Commission announced a $6.4 million sewer line expansion through the West Elmore Sewer Group. The project was set to begin March 17 of this year. In May of 2023, Coosada sought an opinion from the Attorney General’s Office to learn whether the county could legally proceed with the project without the town’s consent. Coosada had opted out of taking part in the project.
The AG’s opinion said “Another municipality, county, board of education, or utility authority may not install water or sewer lines inside the town limits of the Town of Coosada to connect a neighboring municipality to a utility authority without first obtaining approval from the town.”
The Commission, which was already involved in other litigation brought by the Town of Coosada, did not respond to the opinion. They believe it does not consider that rights-of-way are under their control of the Elmore County Commission, not Coosada.
Last week, the Coosada filed an injunction to stop the project, claiming no one asked the town’s permission and cited the AG’s opinion. On March 21, the attorney for the Elmore County Commission, Craig Dillard, answered that injunction with a legal response, saying the county controls the rights-of-way, and no permission is necessary.
On Tuesday, the Coosada Town Council met for their regular meeting. During that meeting, council voted to add an executive session to the agenda, saying they needed to confer with their attorney for this matter, Brandon Stone, behind closed doors. After the hour-long meeting, the council came back and voted unanimously to ask for a “Settlement Meeting” as soon as possible with the Commission’s attorney. That meeting has not yet been held.
The total projected cost for the sewer line extension is $6,487,734.93. The funding comes from a $3.5 million grant from ADEM, as well as contributions from participating organizations, and American Rescue Plan (ARP) monies.
The USL (Unified Sewer Line) includes five entities that make up the West Elmore Sewer Group (WESG). They are the City of Millbrook, Town of Elmore, Town of Deatsville, Elmore Water and Sew Authority and the Elmore County Commission. As stated earlier, Coosada declined to be involved.
The EAN first reported on this project in September of 2023. You can see full article here – – https://theme.elmoreautauganews.com/2023/09/26/elmore-county-commission-awarded-3-5-million-grant-from-adem-to-aid-in-west-elmore-sewer-group-project/
The USL is planned to be installed from the intersection of Highway 14 and 143 in Elmore, Alabama, down to a portion of Airport Road near Airport Road Intermediate School to a connection point at a Millbrook sewer pump station.
Within the multiple pages of the Commission’s response to Coosada’s requested injunction, it states, in part, the following:
The West Elmore Sewer Group (WESG) was formed in June 2022. The WESG is a collaboration of local governments and public utilities spearheaded by the Commission with the goal of increasing access to sewer treatment capacity in western Elmore County. The project consists of a 12” sewer transmission main and subsequent pump station connecting one of Millbrook’s largest pump stations (Diamond Oaks Pump Station just west of the Airport Road Intermediate School) to the Wetumpka Water and Sewer Board’s current main near the intersection of AL 14 and 143 in the Town of Elmore.
It states that failure to allow this project to begin construction as scheduled jeopardizes the local governments’ ability to invest these funds to the betterment of the citizens in western Elmore County. Current estimate of citizens in this area of the county exceeds 40,000 in population. Should this project be delayed and work not be completed by December 31, 2026, US Treasury deadline the ARP funds shall be forfeited, and the project will not be completed. Currently, if the project is allowed to proceed, completion is expected by October/November of 2026.
The Commission received the necessary permits required for utilization of the Elmore County Board of Education property, private property easements, and county rights-of-way to accomplish the connection of the two sewer mains. They claim no roads, town rights-of-way, or town public spaces are being utilized for the construction. Also, even though the Town of Coosada isn’t participating in the current project, the town would still be eligible to connect to this transmission main in the future should they determine its in their best interest. This project is designed to allow for 1 million to 1.5 million gallons per day to be treated at the Wetumpka plant and alleviate pressure from Millbrook’s treatment plant. This also aids the Town of Coosada as their sewage is currently pumped to and treated by the City of Millbrook.
The contractor for the sewer project, Jordan Excavation Company, LLC, is also limited by the potential existence of a tricolor bat that may inhabit the project area. The contractor is confined to clearing work during the window of February 16 to April 30 of each year. The Commission believes a delay in the contractor’s start date would push them beyond the April 30th window to complete the clearing. The next window of opportunity July 16 to December 14. A delay would jeopardize the project moving forward at all creating a tremendous loss of public benefits.
Should a preliminary injunction be granted on this project in favor of Coosada, the Commission believes a guarantee, or bond, of at least $6,487,734,93 should be required from Coosada to ensure the public benefit of the use or those ARP funds are not lost, pending a complete resolution of this case.
Commission’s attorney goes on to say that the excavation contractor for the project, Jordan Excavation Company, LLC, purchased a Coosada Business license on March 17, 2025. Shortly thereafter, Coosada “arbitrarily and capriciously” voided or attempted to void that business license in an attempt to unlawfully interfere with the construction of the new sewer project at issue and the contracts related. The response claims this action was done by Mayor Houston and Chief of Police Leon Smith, Jr.
The Commission attorney wrote, “Upon information and belief, Coosada plans to issue daily citations to the employees and representatives of sewer contractor and possible others working on the project to harass and otherwise intimidate the contract and its employees, all in an effort to stop the progress of the sewer project and to interfere with the contract between the Commission and Jordan Excavation.
“This conduct by Coosada has no legal or factual support and constitutes and tortious interference with the contractual relations of the Commission and Jordan Excavation.”
The Commission is asking for an injunction requiring Coosada to reinstate the business license previously granted to Jordan Excavation, and to enjoin Coosada from further interfering with the sewer project, or its contractors and subcontractors.
The Commission also asks that they be awarded all litigation expenses and attorney fees.
We will follow up when more information is known about the “Settlement Agreement.”
