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

Plaintiffs say an independent receiver should oversee the Central Alabama Water to stop harmful decisions.

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

The legal battle surrounding Birmingham’s regional water utility is intensifying as a lawsuit accusing leadership of reckless and unlawful conduct continues to expand. The complaint, which alleges a pattern of self-interested decision-making, has now added high-profile names to its list of defendants, signaling a deepening conflict over the management of the area's essential water infrastructure.

Expanded Legal Action

The litigation, initially brought by Mountain Brook resident Jim Hicks, was recently updated to include former Birmingham Water Works Board Chair Tereshia Huffman. Additionally, the lawsuit now counts former board member and utility retiree Johnathan Harris among its plaintiffs. The group is urging Jefferson County Judge Monica Agee to appoint an independent receiver to assume control of the Central Alabama Water utility, citing an urgent need to curb what they describe as a string of arbitrary and damaging executive decisions.

Attorney John Somerville, representing the plaintiffs, told 205focus.com that the primary goal is to depoliticize the management of the utility. He expressed significant concerns that the current mismanagement could jeopardize the long-term safety, affordability, and reliability of the water supply for the region.

Controversial Management Decisions

The lawsuit details several major grievances, including the abrupt cancellation of a $28 million renovation project at the century-old Lake Purdy Dam. Plaintiffs argue that halting construction mid-pour has left the dam in a vulnerable state, creating a risk of failure that could threaten residents in Homewood, Hoover, Mountain Brook, and Vestavia Hills. Furthermore, the suit points to the closure of the physical payment center, layoffs of over 200 employees, and the elimination of the water quality lab as evidence of a failure in diligent oversight.

Despite the allegations, CEO Jeffrey Thompson and the Central Alabama Water board remain under fire. Thompson has previously defended his actions, labeling earlier dam repair assumptions as "questionable." The utility has declined to comment on the ongoing litigation but has formally requested that the case be dismissed, arguing that the Jefferson County court system is biased and requesting a transfer to St. Clair County.

Ongoing Legal Challenges

While Judge Agee has declined to remove herself from the case, the legal pressure remains constant. The current lawsuit reflects growing regional frustration, mirroring other efforts in federal court. Notably, former board members William Muhammad and Brenda Lewis have also filed suit in federal court, similarly seeking a receiver to intervene and reverse the utility's recent controversial actions. A hearing for the current Jefferson County case is scheduled for this Friday in Birmingham.