08/17/2026
FOR IMMEDIATE RELEASE
POINT CLEAR COMMUNITY WINS ZONING LAWSUIT
Court Victory Invalidates Contested Zoning Action; Appeal Pending
POINT CLEAR, ALABAMA — August 16, 2026 — The Point Clear community is celebrating a major victory in its long-running fight over zoning and the right of local residents to have a meaningful voice in decisions affecting their property and community.
After years of organizing, advocacy and litigation, the community has prevailed in court in its challenge to the second zoning election and the establishment of Baldwin County Planning District 19.
The court’s ruling is a victory for the Point Clear community. The decision is subject to appeal, but while the matter proceeds through the appellate process, the affected area will revert to the applicable building-code and subdivision regulations rather than the contested county zoning requirements.
A FIGHT THAT BEGAN YEARS AGO
This victory is the latest chapter in a zoning controversy that has affected Point Clear and surrounding communities for more than two decades.
In 2006, Baldwin County pursued a zoning election involving the South Fairhope/Barnwell area. The community organized, educated voters and turned out to oppose the proposal. On June 20, 2006, the zoning proposal was defeated decisively — 583 votes against zoning to 128 in favor, an approximately 82% rejection.
That first victory demonstrated that residents were prepared to stand together to protect their property rights and determine the future of their community.
THE SECOND ZONING ELECTION
In 2020, a new effort was initiated to establish Baldwin County Planning District 19. Baldwin County records show that a petition was submitted in August 2020 and that the County Commission subsequently authorized a zoning election. The December 29, 2020 election resulted in 298 votes for zoning and 28 against.
The community questioned whether the second election and the process leading to it complied with Alabama law. Among the issues raised in the litigation were district boundaries, voting precinct boundaries, notice to qualified electors, the number of qualified voters, and whether statutory requirements for establishing zoning authority had been satisfied.
The litigation became Knight and Holliman v. Baldwin County Commission and Baldwin County, Case No. 05-CV-2021-900206.00.
TODAY’S COURT VICTORY
The court’s ruling represents a significant victory for the Point Clear community. The contested zoning action will not remain the governing land-use framework while the appeal proceeds. The affected area will revert to the applicable building-code and subdivision regulations.
This does not mean that the area is without regulation. Building codes, subdivision regulations, permitting requirements and other applicable laws remain in effect. Rather, the community returns to the regulatory framework applicable without the contested zoning designation.
A COMMUNITY EFFORT
This victory was not the work of one person or one organization. It was a community effort involving property owners, residents, churches, civic organizations, civil-rights advocates, community leaders, volunteers and legal advocates who recognized the importance of protecting the community’s right to participate in decisions affecting its future.
OUR CHURCHES
Special appreciation is extended to the churches and faith communities of Point Clear and surrounding communities that have helped provide places for residents to gather, communicate, organize and support one another.
Churches have historically been important centers of community life, civic engagement and service in Baldwin County. We encourage our churches and faith leaders to continue helping residents seek facts, verify information and participate responsibly in civic affairs.
SPECIAL RECOGNITION AND APPRECIATION
Attorney Thomas Benton — The Point Clear community extends its deepest appreciation to Attorney Thomas Benton for his legal representation, commitment and perseverance throughout this lengthy battle. His work helped give the community a voice in the courtroom.
Baldwin County NAACP — Special appreciation is extended to the Baldwin County NAACP for its commitment to civil rights, voting rights, equal protection and community advocacy.
Point Clear Community Organization — The organization deserves special recognition for helping organize residents, communicate information and keep the community engaged throughout this long process.
Baldwin County Martin Luther King Jr. Celebration Committee, Inc. — The committee is recognized for standing with the community and supporting civic participation, justice, equality and community empowerment.
STAY VIGILANT: VERIFY BEFORE YOU SHARE
The court victory is significant, but the community must remain informed and vigilant. Residents should be particularly careful about misinformation concerning zoning, land use, building requirements and the jurisdiction of different governmental entities.
Information circulating by word of mouth, social media, text messages or community conversations may not accurately describe what the court’s decision means. Residents should verify information with official county or municipal sources, the court’s orders, qualified legal counsel or other authoritative sources before making decisions about their property or sharing information with others.
KNOW THE DIFFERENCE BETWEEN JURISDICTIONS
Not every community in the Fairhope/Point Clear area is governed by the same land-use rules. Property located in an incorporated municipality, such as areas within the City of Fairhope, may be subject to municipal zoning and land-use regulations that are different from those applicable to property in unincorporated Baldwin County.
Residents should not assume that a court ruling affecting one geographic area automatically changes zoning or development regulations in another jurisdiction. South Fairhope and other incorporated or municipal areas must be evaluated according to the governmental jurisdiction in which the property is actually located.
Know your jurisdiction. Know your property rights. Know the applicable regulations. Verify the facts.
THE WORK IS NOT FINISHED
Although the community has won an important battle, the case is pending appeal. The community will remain vigilant and continue to follow the appellate process. Any future effort to impose zoning or substantially change land-use regulations in Point Clear should be conducted in strict compliance with Alabama law, with proper notice, transparent procedures and meaningful participation by the people whose property and future are affected.
A LESSON IN COMMUNITY ORGANIZING
2006 — The community organized and defeated zoning at the ballot box.
2020 — The community challenged the second zoning effort through the courts.
2026 — The community has won a major court victory.
This did not happen overnight. It happened because residents stayed engaged, continued asking questions and refused to surrender their right to be heard.
THANK YOU, POINT CLEAR
To every resident, property owner, church, faith leader, community organization, attorney, volunteer, advocate and supporter who stood with this effort: THANK YOU.
Special thanks to Attorney Thomas Benton; Baldwin County NAACP; Point Clear Community Organization; Baldwin County Martin Luther King Jr. Celebration Committee, Inc.; and the churches and faith communities that supported and encouraged the community.
This is more than a legal victory. It is a victory for community voice, due process, property rights, civic participation and Point Clear.
WE STOOD TOGETHER. WE FOUGHT TOGETHER. WE WON TOGETHER.
POINT CLEAR STRONG
Our Property. Our Community. Our Voice. Our Future.
Point Clear will remain vigilant as the appeal moves forward. Stay informed. Stay organized. Verify the facts. Protect the community.
Note: This press release is intended as a community statement regarding the zoning litigation. The precise legal effect of the judgment and any appellate proceedings should be confirmed against the court’s orders and applicable law.
