Covenant Bank files lawsuit against city over denied gas station

In response to a January decision to reject a proposed gas station at the corner of Highway 119 and Doug Baker Boulevard, Covenant Bank has filed a lawsuit against the city of Hoover.

Robert Rosenberg of Waldrep, Stewart and Kendrick is handling the case on behalf of the city and said he received a courtesy copy of the suit earlier this week. The bank owners are contesting the city council’s decision to deny their conditional use of the land, alleging the decision was “arbitrary and capricious.”

Jesse Evans, an attorney for Covenant Bank, said he could not comment on the case.

The Hoover planning and zoning commission originally approved the proposal in a 4-3 vote in November. Covenant Bank planned to build a Valero gas station and convenience store at the corner property, which would have been allowed under its conditional use zoning. The station would have included six gasoline dispensers, a full entrance and exit onto Doug Baker Boulevard and a right-turn-only entrance on Highway 119.

In January, the city council denied the proposal in a 4-1 vote, with one council member abstaining and two absent. Members cited strong resident opposition as the reason for the decision.

Rosenberg is currently collecting information about the situation. Once the city is formally served with the suit, he will have 30 days to respond.