Notice of Special Elections; Order Tentatively Approving Etowah County Compromise and Requiring Notice; Notice to Class

    By agreement of the Etowah County Plaintiff's and Etowah 

County Defendants in that certain action styled John Dillard, et 

al. vs. Crenshaw County, Alabama, et al., Case Number 

#85-T-1332-N, In the United States District Court for the Middle 

District of Alabama, a Tentative Order has been signed by the 

Honorable Myron Thompson, United States District Judge, 

approving a new six district redistricting plan for the Etowah 

County Commission, a copy of that order is attached along with 

the descriptions of Districts 5 and 6. 

Party primary elections for District Commissioners for the 

new Districts 5 and 6 will be held on November 4, 1986. If a 

primary run-off election is necessary, it will held on November 

=, 1986. The general election for the new District 

Commissioners for Districts 5 and 6 will be held on December 16, 

1986. The Etowah County Democratic Party Committee and the 

Etowah County Republican Party Committee have set September 16 

through September 26, 1986, as the period of time to qualify as 

candidate in either primary. You qualify as in any other 

election. To become a party nominee or to run in the party 

primaries, you must register with the respective executive 

committees and pay the usual qualifying fee. 

If you, or anyone you know, is interested in running for 

District Commissioner to the Etowah County Commission for 

District 5 or 6, you should contact Mr. Robert Echols, Chairman 

of the Etowah County Democratic Party, at phone number 543-2022 

 



  

for information as to the procedures to qualify. You should 

contact Mr. Kelly Cardwell, Chairman of the Etowah County 

Republican Committee for information as to the procedures to 

qualify in the Republican primary at phone number 492-4168. 

The local newspapers and radio stations have heretofore 

announced dates of the elections and dates to qualify. If there 

is any question in your mind as to whether you live in District 

> or District 6, you may contact the office of the Etowah County 

Commission who can assist you in determining whether or not you 

reside in Districts 5 or 6. 

The Judge of Probate's Office of Etowah County is now 

re-identifying voters who live in Districts 5 and 6. You may 

also check with that office now to see 1f you live in District 5 

or 6. You may view maps of the new districts at the Etowah 

County Commission Office, which maps have also been published in 

the Gadsden Times. As soon as voter re-identification list have 

been completed, the voter lists for Districts 5 and 6 will be 

published in the Gadsden Times. 

If you wish to run for said positions, but there is a 

question in your mind whether you live in District 5 or District 

6, please qualify with the proper authorities as a candidate as 

in other elections, and if you later learn that you are not a 

resident of District 5 or District 6, any qualifying fees can be 

refunded to you. 

ETOWAH COUNTY COMMISSION 

 



    

IN THE UNITED STATES DISTRICT COUR™ FOR ie“ FIL ED MIDDLE DISTRICT OF ALABAMA 
NORTHERN DIVISION 

SEP 4 1986 
1HOMAS C. CAVUR, CLERk. 

DerPuty LERK 

— JOHN DILLARD, et als, * : 

— = cama PLAINTIFFS * 

VS. 
* CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * et als, 

* 

DEFENDANTS 

* 

ORDER TENTATIVELY APPROVING ETOWAH COURTY COMPROMISE AND_REQUIRING NOTICE TQ THE CLASS 

At a conference in chambers on... September 4, ~~... +r 1986, 
counsel for the Etowah County Plaintiffs and Defendants informed 
the Court that they had reached a final compromise and 
settlement of this action with respect to Etowah County 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 the 
elections for the Etowah County Commission be conducted from six 
single-member districts, while allowing the incumbents to serve 
out their present terms or terms for which they will be elected 
in the 1986 General Election. 

The Court is of the opinion that the Proposed consent decree 
filed with said Joint motion is due to be and hereby is approved 
tentatively, subject to any objection by members of the 
Plaintiff class. 

 



  

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 of Etowah County, Alabama. 

Accordingly, it is hereby ORDERED that the Defendant, Etowah 

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

published in the Gadsden Times once a week for three successive 

September’ 30 +1986. Maps of the — am co —— o— CR Gn am in Grn en a — = — — — — — — — = o—— a= 

weeks prior to 

districts shall be displayed in the County Courthouse during the 

normal business hours. 

It is further ORDERED that the copies of the attached notice 

be provided by the defendant Etowah County, Alabama, to 

representatives of all local radio and television stations and 

to all representatives of media and black community 

organizations in Etowah County, who may request a copy thereof. 

Thereafter on _ = October 9 0 ~~ » 1986, 

at 4:00 o'clock,_p. m., this Court will conduct a hearing 
2nd Floor Courtroom, 

in the Federal Courthouse in Montgomery, Alabama,/to consider 

objections by members of the class of the proposed compromise 

and settlement. 

DONE this the %th gay of __ September , 1986. 

   UNIT STATES DISTRICT 

 



    

% # 

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS * 

VS. * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 
et als, 

* 

DEFENDANTS 

TO: ALL BLACK CITIZENS OF ETOWAH COUNTY, ALABAMA: 

In this class ation brought by Dr. Spencer Thomas, Mr. 

Nathan Carter and Mr. Wayne Rowe, on behalf of themselves and 

all black citizens of Etowah County, Alabama, challenging the 

election system for the Etowah County Commission, the named 

plaintiffs and the Etowah County Defendants have informed this 

Court that they wish to compromise and finally to resolve this 

lawsuit on the following basis: 

l. A final injunction would be issued against the conduct 

of further elections of the Etowah County Commission under the 

at-large election scheme provided presently by state law. 

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

the Etowah County Commission will consist of 6 commissioners 

elected from single-member districts. The present Chairman of 

 



    

the Etowah County Commission, who will be elected in the 

November, 1986 general election for a new six year term, and who 

would take office on the second Tuesday after the first Monday 
in January, 1987, will continue to serve as chairman of the 

Etowah County Commission until the second Tuesday after the 

first Monday in January, 1993, however, during said time he 

shall not be entitled to a vote on the commission. Beginning on 
the second Tuesday after the first Monday in January, 1993, the 

office of the Chairman of the Commission shall be abolished ang 

the Commission shall select and employ an Etowah County 

Executive who shall be the chief executive officer of the County 

and shall be responsible for the execution and implementation of 

the policies adopted by the commission. The Etowah County 

Executive may not be a member of the Etowah County Commission. 

3. Under the proposed settlement, the present incumbent 

district commissioners for Districts 2 and 3, whose present 

terms expire in 1988, will serve as district commissioners for 

Districts 2 and 3 until District elections for Districts 2 and 3 

are held in 1988, at which time candidates for said positions 

would run for new four year terms. The commissioners for 

District 1 and 4, who will be elected in the 1986 general 

election for a four year term, beginning January, 1987, will 

Serve as district commissioners for Districts 1 and 4, until 

District elections are held for Districts 1 and 4 in 1990, at 

which time candidates for Districts 1 and 4 will run for new 

four year terms. Thereafter the terms of the six district 

commissioners will be staggered with either two or four members 

running each two years. 

 



  

4. Under the proposed plan, in the meantime, a special 
2legtion‘will be held in 1986 to elect new commissioners from 
single-member districts 5 and 6, one of which is the majority 
black district. The special primary election will be held 

November 4, 1986, with any necessary run-off November 26, 1986. 

The special general election will be held December 16, 1986. 

The persons elected in this special election will serve for an 
initial four-year term, during which time they shall have all 

the rights, privileges, duties and immunities of the other 

incumbent commissioners. When the commissioners elected in 1992 
take office on the second Tuesday after the first Monday in 

January, 1993, there shall be selected by the Commission a 

President or Presiding Officer of the Etowah County Commission, 

who shall preside at meetings and shall set the agenda, but said 

President or Presiding officer shall have no other additional 

authority nor shall he receive more compensation than any other 

District Commissioners. The President or Presiding Officer of 

the Etowah County Commission shall be rotated among the six 

District commissioners with each of them serving a one year term 

beginning on the second Tuesday after the first Monday in 

January of each year and ending at the same time the following 

year. The permanent order of rotation shall be fixed by lot by 

the District Commissioners at the meeting of the county 

commission on the second Tuesday after the first Monday in 

January, 1993. 

5. The parties have agreed to a plan for the six 

single-member districts boundaries. Maps showing the boundaries 

 



  

of the districts will be available for you to view during normal 
business hours at the Etowah County Courthouse. 

6. Plaintiffs are the Prevailing party in this action and 

are entitled to recover reasonable attorneys fees and expenses. 

The amount of attorneys fees and expenses will be determined by 

the court following a final approval of the proposed compromise. 

Fees and expenses have not been part of the negotiations leading 

to this proposed settlement. 

7. 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 interest of the entire of class of black 

citizens of Etowah County are adequately protected before giving 

its final approval to the proposed settlement. 

Accordingly, if any black citizen of Etowah County, Alabama, 

Objects to the proposed compromise and final resolution of this 

lawsuit, he or she should set out the objection in writing, 

identify this case by its name and number and mail the written 

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

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

Montgomery, Alabama 36101, or deliver such objection to the 

Office of the Clerk, Second Floor, U.S. Courthouse, Montgomery, 

Alabama, on or before the ~Sth day of _._ October © 5 + 1986. 

In addition this Court will conduct a public hearing on the 9th 

day of _ October ~~ +.» | 7.1986, at _wu.00 0 pit. O'Clock, Second Floor Courtroom, 

at which time it will consider all objections from members of 

the plaintiff class to the proposed settlement, whether made in 

 



  

writing or in person. 

DONE this the “4th day of 

nm a a an = ———— a — — a—a—— 

UNITED STATES DISTRICT CLERK 

 



  

DISTRICT I 1VI. 

That part of Etowah County, Alabama described as follows: 
Begin at a point in the City of Gadsden, Mabama, where the center of Broad 
Street intersects the center of the Coosa River; thence run in a southwester]y 
direction along the center of the Coosa River to the intersection with the center- 
line of Walnut Street if projected in g southeasterly direction; thence run in gq 
northwesterly direct ion along the ‘said Projection of and along ‘the centerline of 
Walnut Street to the Intersection with South 6th Street: thence run in a north- 

’ 

intersection with Franklin Street; thence run in a southwesterly direction along 
the center of Franklin Street to the intersection with Alabama Street; thence run 

intersection with Forrest Avenue; thence run in a westerly directio ; 
of Forrest Avenue and Cleveland Avenue to the intersection with Interstate Highway 

direction along the center of Big Wills Creek to the intersection with The Southern 
Railroad; thence run in a northeasterly direction along the center of said Southern 

along the center of 4th Avenue N.E. to the intersection with 
lst Street N E.; thence run in a northeasterly direction along the center of 1st 
Street N.E. to the intersection with 6th Avenue N.E.; thence run in a northwesterly 
direction along the center of gth Avenue N.E. and 6th Avenue N.W. to the intersection 
with 4th Street N.W.; thence run in a northeasterly direction along the center of 

 



    

ry)
 

-2- 

4th Street N.W.% to thy Intersection wi th 5th Street N.W.; thence tun in 4 
westerly and southwesterly direct jon along the center of oth Strect N.w. to the 

Intersection with the North line of Section 2, Township 12 South; Range 5 East, which 
is alsc the Gadsden-Attalla Corporate Limits Line; thence run in an easterly 

westerly, Southwesterly, westerly, and Southerly direction along the said projection 
thereof ang along the center 

1 

   



      

- $-- 

North 6th Street; thence run 1n g southwesterly direction along the center of 
North 6th Street to the Intersection with Nuckolls Street; thence run in g 
southeasterly direction along the center of Nuckolls Street to the Intersection 
with Hoke Street; thence run in an easterly direction along the center of Hoke 

run in a southeasterly direction along the center of Grant Avenue to the intersection 
with Richardson Street; thence run in an easterly direction along the center of 
Richardson Street to the intersection with Litchfield Avenue; thence run in a 

Projection of the East line and along the East line of said Lot 1, Block 5 to the 
Northwest corner of Lot 40, Block S of Meadow Grove Acres; thence run in a north- 
easterly direction along the North line of said Lot 40, Block 5 to the Northeast 

said Lot 51, Block 6 and along the North line of .Lot 46 

southwesterly direction along the center of Industrial Parkway to the intersection 
with Meighan Boulevard or U.S. Highway 431; thence run in a northwesterly direction 

  
 



  

-4 - 

along tw ater of Meighan Boulevard or U.S. Highway 43] to the intersect ion 
with Florida Avenue; thence run in a southwesterly direction along the center of Florida Avenue to the Intersection with Keeling Bend Road: thence run in 4 southeasterly direction along the center of Kecling Bend Road to the intersection 
with Margaret Street: thence run in an easterly direction along the center of Margaret Street to the Intersection with Nunnally Avenue; thence run in a sawtherly direction along the center of Nunnally Avenue to the intersection wlth Gray Road; thence run in a westerly and southwesterly direction along the center of Gray Road to the Intersection with U.S. Highway 431 and 278 Bypass or College 

SE 1/4 of the NW 1/4 of Section 24, Township 12 South, Range 6 East which line is also the West right-of-way line of Wilmer Avenue; thence run in a northerly direction along the West 1ine of said SE 1/4 of the NW 1/4 and along the West right-of-way line and a projection of the West right-of-way line of Wilmer Avenue to the intersection with Springrock Street; thence run in a westerly direction along 

6 East which line je also the centerline of Line Street; thence run in a northerly 

Intersection with Goss Avenue; thence run in an easterly direction along the center of Goss Avenue to the intersection with Allen Street; thence run in a northeasterly direction along the center of Allen Street to the intersection with Eastview Avenue; 
of Eastview Avenue to the Intersection with Sewell Street; thence run in a northeasterly direction along the center of Sewell Street to the Intersection with Kentucky Avenue; thence run in a westerly direction along the center of Kentucky Avenue to the intersection with 

  
  

 



    

DISTRIOP $1 
That part of towah County, Alabama, described as fol lows: 

Street intersects the center of the Coosa River; thence run in a southwesterly 
direction along the center of the Coosa River to the intersection with the center- 
line of Walnut Street if projected in a southeasterly direction: thence run in 3 
northwesterly direction along said projection of and along the centerline of Walnut Street to the Intersection with South 6th Street; thence run in a north- 
easterly direction along the center of South 6th Street to the Intersection with 
Chestnut Street; thence run in a northwesterly direction along the center of Chestnut Street to the intersection with South 7th Street; thence run in a northerly 

along the center of North 12th Street to the intersection with Malone Street; thence run in a westerly direction along the center of Malone Street to the 

the center of Cansler Avenue to the intersection with South 13th Street; thence 

center of Chestnut Street to the intersection with South 12th Street; thence run 

with Big Wills Creek; thence run in a southeasterly direction along the center of 

West line of the SE 1/4: of the SE 1/4 in said Section 20; thence run in a 

 



  

-2- 

southerly direct ion and 2long a line which 1S 340 foot west ot and paral Jo) to the West line of the SE 1/4 of the si 1/4 of said Section 20 to a point which 1S 225 feet North of the South linc of said Section 20; thence run in an easterly direction along a line which 1s 225 feet North of and parallel to the South line of said Section 20 to a point in the East line of said Scction 20, which point is also in the West ine Of Section 21, Township 12 South, Range 6 East: thence run in a southerly direction along the West line of said Section 21, Township 12 South, Range 6 East to the Southwest corner thereof; thence run in an casterly direction along the South line of said Section 21 to the Intersection with the Southeast right-of-way of Rainbow Drive or U.. 5. Highway 411; thence run in a, southwesterly direction along the Southeast right-of-way of Rainbow Drive or 

Office, Etowah County, Alabama; thence run in a southwesterly direction along said projection of and along said northernmost Iine of said Wildwood Hills to the 

SE 1/4 of said Section 29 and said line also being the East line of Wildwood Estates aS recorded in Plat Book "G", Page 165 in the Judge of Probate Office, Etowah 

Estates; thence run in a southerly direction along the West line of said Iot 14 to the point of intersection with the North line of an area designated "Reserved" in said Wildwood Estates; thence deflect an angle of 90 degrees to the right and run in a westerly direction along the North line of the area designated "Reserved" in said Wildwood Estates a distance of 400 feet to a point; thence deflect an angle 

southwesterly direction along the center of Rainbow Drive or U.S. Highway 411 to the intersection with Church Street: thence run in a southerly direction along the center of Church Street to the intersection with Alabama Highway 77; thence run in a southeasterly direction along the center of Alabama Highway 77 to the intersection with the center of the Coosa River; thence run in a northeasterly, southcasterly, 
and northwesterly direction along the center of and along the meanderings of the center of the Coosa River to the intersection with a southerly projection of the 

  
 



  

i 

center of a stream or branch (kncwm Tox:al ly as Booker Hranch) in coction 36, Township 12 South, Range 6 East; thence run in a northerly direct ton along the said projection thereof and along the center of said stream or branch to the intersection with the center of Paden Road 1n the sw 1/4 of the SE 1/4 in Section 24, Township 12 South, Range 6 East; then run in a southeasterly direction along the center of Paden Road to the intersection with the East line of Section 24, Township 12 South, Range 6 East; thence run in a northerly direction along the East line of Section 24, Township 12 South, Range 6 East to the intersection with Meighan Boulevard or U.S. Highway 431; thence run in a northwesterly direction along the center of Meighan Boulevard or U.S. Highway 431 to the Intersection with Burns Park Road; thence run in a northeasterly and easterly direction along the center of Burns Rark Road to the intersection with the L & N Railroad; thence run in a 

or U.S. Highway 431 to the intersection with Florida Avenue; thence run in a long the center of Florida Avenue to the intersection with Keeling Bend Road: thence run in a southeasterly direction along the center of Keeling Bend Road to the intersection with Margaret Street; thence run in an easterly direction along the center of Margaret Street to the intersection with Nunnally Avenue; thence run in a southerly d -— Avenue—to the intersection with Gray Road; erly 
Highway 431 and 278 Bypass or College Parkway; thence run in a westerly direction along the center of U.S. Highway 431 and 278 Bypass or College Parkway to the intersection with the West line of the SE 1/4 of the NW 1/4 of Section 24, Town- i ship 12 South, Range 6 East which line is also the West right-of-way line of 

11 Street; thence run in a northeasterly direction along the center of Sewell Street to the intersect ion with Kentucky Avenue; thence run in a 
westerly direction along the center of Kentucky Avenue to the intersection with ]     Ploneer Street; thence run in a northeaster] direction along the center of Pioneer 
Street to the intersection with East Broad Street; thence run in a northwesterly 

  
 



  

4 - 

direct 1on along the Contor of ast Broad street tay the: Intersect ton with 
Tennessee Avenue; thence run 1A a westerly direction along the center of 
Tennessee Avenue to the Intersect ion wlth River Street; thence run in a north- 
westerly direction along the center of River Street to the Intersection with 
South 13th Street; thence run in a northeasterly direction along the center of 
South 13th Street to the intersection with East Broad Street; thence run in a 
northwesterly direction along the center of Fast Brcad Street to the intersection 
with North 10th Street; thence run jn a northeasterly direction along the center- 
line and a projection of the centerline of North 10th Street to the Intersection 

of East Broad Street to the intersection with the center of the Coosa River and 
the point of beginning.