The widow of former Marion Mayor Edward Daniel, Viola Daniel, has settled her lawsuit against the City of Marion, Alabama, and Mayor Dexter Hinton. The dispute, filed in May 2022, centered on unauthorized construction and installations on Daniel’s property, which she claimed included a road, fencing, and a sewage system, all done without her consent. The lawsuit sought damages for inverse condemnation, trespass, private nuisance, and negligence. The settlement terms, agreed upon in mediation in January, remain confidential, following a court order to finalize the case documentation.
Mrs. Daniel, a property owner in Marion, initiated the legal action under Section 235 of the Alabama Constitution, accusing the City of unlawfully taking her property, which spans approximately 5 acres off of Highway 5, without her consent or proper compensation.
The complaint, filed on May 31, 2022, outlines a series of unauthorized constructions and installations on Mrs. Daniel’s property, including a road, barbed wire fencing, a metal gate with a chain and lock, and a sewage system, all allegedly directed by Mayor Hinton and executed by the City’s Engineering and Public Works Departments. These actions were taken without Mrs. Daniel’s knowledge or approval, leading to her claims of inverse condemnation, trespass, private nuisance, and negligence against the City and Mayor Hinton , the suit claimed.
Mrs. Daniel’s ordeal allegedly began on December 8, 2021, when she says was informed about the sudden appearance of fencing and construction on her land. Upon investigation, she confirmed the unauthorized developments, including the paved road and locked gate, which barred her from accessing her own property. Despite repeated inquiries and formal complaints to the City of Marion, including a Notice of Claim and an open records request seeking justification for the construction, Mrs. Daniel claimed she received no satisfactory response or acknowledgment from the city officials.
The lawsuit demanded compensation for the alleged unlawful taking of property, along with damages for the loss of use and enjoyment of the land, emotional distress, and various associated expenses. The legal conflict culminated in a mediation session in January, where the parties reportedly reached a settlement. Although the terms of the settlement will likely remain confidential, the Marion City Council’s subsequent approval of “the property settlement” during their February 5 meeting, as requested by Mayor Hinton, suggests a resolution to the dispute. Circuit Judge Don McMillan’s order on February 13 to file settlement paperwork indicates the case’s impending closure.
The case may be related to a cryptice Facebook post by Mayor Hinton from Jan. 30, which read: “They say Mayor why you so hostile lately. I’ve been to more court dates than the judge….. Get it in blood.”
