Order Tentatively Approving Lee County Compromise and Requiring Notice to the Class; Notice of Proposed Lee County Settlement

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PE GB = 0 

IN THE UNITEDCSTATES DISTRICT COURT FOR THE [= 1 jE ry 
MIDDLE DISTRICT OF ALABMA bo 

vag if NORTHERN DIVISION 
| 

MAR 5 1986 

JOHN DILLARD, et al., WRIT 20 Wal - CLERI 

riaintirediiSt Ey CE 

vs. ) CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, ) 
et al., 

Defendants. ) 

ORDER TENTATIVELY APPROVING LEE COUNTY COMPROMISE 

AND REQUIRING NOTICE TO THE CLASS 
  

At a conference in chambers on March 4, 1986 . 
  

counsel for all of the parties informed the Court that they had 

reached a final compromise and settlement of this action and 

sought this Court's tentative approval of its terms. Under the 

terms of the proposed settlement the parties have agreed to the 

entry of an injunction requiring that elections for the Lee 

County Commission be conducted from single-member districts while 

allowing the incumbents to serve their full terms of office. 

Pursuant to 23(b)(2), F.R.C.P., the Court certifies the 

plaintiffs as representatives of the class of all black citizens 

© 

of Lee County. 

The Court is of the opinion that the proposed Consent Decree 

 



  

filed with said Motion is due to be and hereby is approved 

tentatively, subject to any objections by members of the class, 

and that pursuant to Rule 23(e) Fed.R.Civ.P., notice of this 

proposed compromise should be given to the members of the class 

of black citizens in Lee County, Alabama. 

Accordingly, it is hereby ORDERED that the Defendant Lee 

County, Alabama, cause the attached notice to this order to be 

published in the Opellka-Auburn News once a week for three 

il 
successive weeks prior to Aprile , 1086. 

  

It is further ORDERED that copies of the attached notice 

shall be provided by the Defendant Lee County, Alabama, to 

representatives of all local radio and televisiom stations and 

all representatives of media and black community organizations in 

Lee County who may request a copy thereof. 

  Thereafter on April $ 3088. ab 
2 Fourth Floor Courtroom, 

30 o'clock P_.m./ this Court shall conduct a hearing in 
  

the federal courthouse of Montgomery, Alabama, TO consider 

objections by members of the class to the proposed compromise and 

settlement. 

DONE this_ 5th day of March . 198.6, 
  

  

UNITED STATES DISTRICT JUDGE 

 



  

oie Vy td ; 

IN THE UNTTED STATES. DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABMA 

f | 

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6 ff 1 NORTHERN DIVISION ARF 1986 

AS 

JORN DILLARD, et alo li "crud 
: ada Let 3 Igy iF 

WOMBLE nn 
Plaintiffs, 

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es 
) CA NO. 85-T-1332-N 

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CRENSHAW COUNTY, ALABAMA, 
et al., 

Defendants. ) 

NOTICE OF PROPOSED LEE COUNTY SETTLEMENT 

TO: ALL BLACK CITIZENS OF LEE COUNTY, ALABAMA: 

In this class action brought by Lindburgh Jackson, Mrs. 

Carolyn Bryant and Rev. George Bandy, on behalf of themselves and 

all black citizens of Lee County, Alabama, challenging the 

election system for the Lee County CONMASEL0n, the named 

plaintiffs and the Defendant Lee County, Alabama, and its 

officers have informed this Court that they wish to compromise 

and finally resolve this lawsuit on the following basis: 

1. A final injunction would be issued against the conduct of 

further elections of Lee County Commission under the at-large 

 



  

election scheme provided by state law. 

2. Pursuant to the terms of the proposed consent agreement, 

the Lee County Commission will be expanded from the present four 

at-large commissioners plus the Probate Judge to five 

comnissioners elected from single-member districts, with the 

Probate Judge continuing to serve as chair of the commission but 

without a vote. Single-member district commissioners would be 

elected from Commission Districts 2, 4 and 5 in 1986. Elections 

for single-member Districts 1 and 3 would not be held until 1988. 

In the meantime, the two incumbent at-large commissioners whose 

terms do not expire until 1988 would be allowed to complete their 

terms of office. 

3. The parties have agreed to a plan for the single-member 

district boundaries. The plan is the same one that recently was 

approved by the Lee County Commission upon the recommendation of 

the special bi-racial committee. Maps showing the boundaries of 

the five districts will be available for you to view during 

normal business hours at the Lee County Courthouse in Opelika and 

at the Auburn City Hall. 

4. Plaintiffs are the prevailing parties in this action and 

are entitled to recover reasonable attorneys’ fees and expenses. 

The amount of such attorneys’ fees and expenses will be 

determined by the Court following final approval of the proposed 

compromise. Fees and expenses have not been part of the 

 



  

/ 

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negotiations leading to this proposed sottienent, 

5. The Court has tentatively approved the settlement of this 

case on the basis stated above. However, because this lawsuit is 

a class action, this Court has the responsibility of insuring 

that the interests of the entire class of black citizens are 

adequately protected in any proposed compromise or settlement 

before giving its final approval to the settlement. Accordingly, 

if any black citizen of Lee County, Alabama, objects to the above 

proposed compromise and final resolution of this lawsult, he or 

she should set out the objection in writing, identifying this 

case by its name and number, and by mailing the written objection 

to Mr. Thomas C. Caver, Clerk of the United States District 

Court, Middle District of Alabama, P. O. Box 711, Montgomery, 

Alabama 36108, or by delivering each objection to the Office of 

the Clerk, Second Floor, U. S. Courthouse, Montgomery, Alabama, 

  

on or before _7th day of April vs. 1086. In 

addition, this Court will conduct a public hearing on_29th day of 

April , 1986, at 4:30 o'clock P_.m., at 
    

which time it will consider all objection from members of the 

Plaintiff class to the proposed settlement, whether made in 

writing or in person with such to be held in the courtroom on the 

fourth floor of the aformentioned U.S. Courthouse. 

DATED this _ 5th day of March , 1086. 

OT rie de Lt: 
UNITED STATES DISTRICT CLERK 

  

  

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