Birmingham water system must be taken over to end ‘reckless and unlawful’ acts, lawsuit claims

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The regional water utility serving Birmingham and surrounding suburbs is facing renewed legal pressure as a lawsuit accusing the board of \"willful, reckless and self-interested violations of their duty\" continues to expand.

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Late Wednesday, the ongoing legal action against the Central Alabama Water Board and CEO Jeffrey Thompson was amended to include former Birmingham Water Works Board Chair Tereshia Huffman. The suit, initially brought by Mountain Brook resident Jim Hicks, also now incorporates former board member and utility retiree Johnathan Harris as plaintiffs.

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Call for Independent Oversight

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Plaintiffs are urging Jefferson County Judge Monica Agee to appoint an independent receiver to take control of the utility. Attorney John Somerville, representing the plaintiffs, argues that this intervention is vital to address a \"sustained and rapidly escalating pattern of arbitrary, capricious, reckless, and unlawful decisions\" executed by the current leadership over the past year.

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\"These harms are not theoretical – they are present, measurable and worsening,\" the filing states. Speaking to 205focus.com, Somerville emphasized that the goal is to depoliticize the water supply, noting concerns that mismanagement could jeopardize the availability of safe, clean, and affordable water for the future.

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Allegations of Mismanagement

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The revised lawsuit highlights several areas of concern, blank\">including the abrupt halt to renovations at the Lake Purdy Dam in Shelby County, the shuttering of the water quality lab, the closure of physical payment centers, and the layoff of over 200 staff members. The plaintiffs characterize these moves as a significant failure of diligence and informed judgment.

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The situation regarding the blank\">century-old Lake Purdy Dam—a critical water source for communities like Homewood, Hoover, Mountain Brook, and Vestavia Hills—remains a focal point of the litigation. Despite previous engineering assessments, blank\">Thompson has previously dismissed plans to strengthen the dam, calling the underlying assumptions \"questionable.\" The lawsuit argues that halting the construction mid-process left the dam in a more vulnerable state, creating a risk of \"catastrophic failure.\""

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Legal Maneuvers

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Representatives for Central Alabama Water have sought to have the case dismissed, arguing that the plaintiffs lack standing and suggesting the case be moved to St. Clair County due to potential bias within the Jefferson County jury pool. Additionally, the utility requested that Judge Agee recuse herself; she has declined, and a hearing is scheduled for Friday in Birmingham.

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This challenge is part of a broader legal effort to address the utility's governance, which was recently reconfigured by state law to grant suburban members a supermajority over Birmingham-appointed directors. Other legal actions include blank\">a federal lawsuit led by William Muhammad and Brenda Lewis, who are also pushing for the appointment of a receiver to reverse recent utility actions.

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