Circuit Judge Jonathan A. Spann stopped Alabama Power crews from bulldozing into Fenn Church’s 416-acre Calera property on May 28, 2024. The preliminary injunction freezes work on a 125-foot-wide right-of-way that would cut the 74-mile Autaugaville-to-East Pelham transmission line through the landowner's future retirement site. Church, who bought the farm four years ago, rejected three purchase offers before the utility filed for condemnation.
The judge’s written order cites procedural failures by the utility. Alabama Power sent final offer letters only after filing the lawsuit, a timing violation that deprived Church of legal protections. Spann also ruled the chosen route was arbitrary, noting engineers ignored alternative paths that could have used existing easements 200 yards away. The planned route would split Church’s land into six separate parcels and grant the utility access to his private driveway.
"We understand that property is personal," Alabama Power stated in a release, claiming they treat owners fairly. Yet the utility insists contractors need access by October to meet a May 2027 completion date. Judge Spann rejected that urgency, ruling the broader project remains on schedule because Alabama Power can work on other sections of the route. Church, who called the fight a "David and Goliath situation," won support from country star John Rich after the case gained national attention.
The injunction stays in effect while the court schedules a hearing on the main condemnation challenge. Alabama Power cannot enter the property unless the judge orders otherwise. Church must post a $10,000 bond to maintain the order, a small price to pay for holding his ground against a major regional power expansion.