Amanda Pevey
Elmore Autauga News
A judge has ruled in favor of the Elmore County Commission in its legal dispute with the Town of Coosada over the West Elmore Sewer expansion project, clearing the way for construction to continue along Airport Road.
On June 26, Circuit Judge Patrick D. Pinkston of Alabama’s 19th Judicial Circuit entered a final order granting the county’s request for declaratory judgment and permanent injunctive relief, concluding a months-long court battle over the project.
The ruling permanently prohibits the Town of Coosada from interfering with construction of the sewer line within the county’s right-of-way on Airport Road.
Luke McGinty, chief engineer and operations officer for the Elmore County Commission, said county officials were pleased with the outcome.
“We are very grateful for the decision the judge issued in his order this past Friday,” McGinty said. “The County fully agrees with the Court’s ruling and maintains that the section of Airport Road at issue is a county-owned and county-maintained roadway.”
In his order, Pinkston found the county was entitled to the relief sought in its counterclaim and determined there was a substantial threat of irreparable harm if an injunction was not granted. The order states Coosada’s actions had delayed, impeded and obstructed completion of the sewer line project.
The judge also ruled that Section 220 of the Alabama Constitution does not apply because the sewer line is being installed entirely within the Elmore County Commission’s established 80-foot right-of-way on Airport Road, which the court determined is under the county’s exclusive authority and control.
As part of the ruling, Pinkston ordered that the Town of Coosada “shall in no way impair, impede, or obstruct” construction of the sewer line project. The order also permanently bars the town from exercising authority or control over the roadway, shoulder or bridge structures within that portion of Airport Road.
McGinty said the county has treated that stretch of road as its responsibility for years.
“For many years, the County has routinely inspected and maintained this section of Airport Road by paving the roadway, inspecting the bridge, cutting grass, trimming limbs and performing other necessary maintenance, and we will continue to do so,” he said.
The West Elmore Sewer Compact was created in June 2022 through a partnership between the Elmore County Commission, the City of Millbrook, the Town of Deatsville, the Town of Elmore, Elmore Water and Sewer Authority, and the Wetumpka Water and Sewer Board.
The project includes approximately 19,000 linear feet of 12-inch sewer transmission line and a new sewage pump station connecting Millbrook’s Diamond Oaks Pump Station to the Wetumpka Water and Sewer Board’s main sewer line near the intersection of Alabama Highways 14 and 143 in the Town of Elmore.
Once complete, the system will allow wastewater from Millbrook to be pumped to Wetumpka’s treatment plant, providing between 1 million and 1.5 million gallons of treatment capacity per day and easing demand on Millbrook’s existing wastewater treatment facility.
The Elmore County Commission sought bids for the project in September 2024 and awarded the contract to Jordan Excavating Company LLC on Oct. 15, 2024. The company submitted the lowest responsible bid at $5,989,695, and a construction contract was executed on Nov. 19, 2024.
According to court records, Jordan Excavating purchased a business license from the Town of Coosada on March 17, 2025. Later that same day, the town, acting through then-Mayor James Houston and the Coosada Police Department, revoked the license without prior notice, preventing the contractor from beginning work.
Also on March 17, the town filed a lawsuit seeking a declaratory judgment, arguing the sewer line could not be installed within Coosada’s corporate limits without the town’s consent under Section 220 of the Alabama Constitution of 1901. The lawsuit also sought an injunction to stop construction of the project within the town’s municipal boundaries.
With the judge’s final order now in place, the remaining legal hurdle has been removed, allowing the project to move forward without further interference.
McGinty said the decision benefits not only the project partners but thousands of residents across western Elmore County.
“We are thankful for the Court’s decision because it allows this important project to move forward,” McGinty said. “Nearly 40,000 residents in the western portion of Elmore County will benefit from this investment, some immediately and others for many years to come. We also know our partners in this project appreciate the Court’s ruling, as it allows the nearly $7 million sewer line project to continue without further delay. This project will provide much-needed capacity and relief to the City of Millbrook’s wastewater treatment system while supporting future growth and economic development throughout Elmore County.”
