The Office of the City Attorney for the City of Birmingham has filed a lawsuit against Dominion Mountainside, LLC. (File)
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birminghamal.gov
The Office of the City Attorney for the City of Birmingham has filed a lawsuit against Dominion Mountainside, LLC, the owner of Mountainside Apartments at 101 Penthouse Drive, Birmingham, Alabama 35205. The city asks the court to have the property declared a public nuisance. The 196-unit property has been the site of several incidents including murder, gun-related violence, assaults, and drug-related activity.
“The Office of the City Attorney’s Drug Nuisance Abatement Team is committed to disrupting illegal activity that takes root when property owners fail to keep their property free of blight and crime,” City Attorney Nicole King said. “DNAT has developed a track record of holding property owners accountable to generate a safer environment for residents, both on those properties and in surrounding neighborhoods.”
The lawsuit filed in Jefferson County Circuit Court states the city has notified the property owner multiple times of ongoing criminal activity at the property. The lawsuit says the owner “has failed to either prevent, deter or disperse the violence occurring” at the property.
In the court filing, the city details a fatal shooting that occurred on July 26, 2024. During the search of an apartment unit in the aftermath of the incident, police found amounts of fentanyl, methamphetamine, mushrooms, drug paraphernalia, multiple firearms and nearly $20,000 in cash. The incident is one of more than 200 calls BPD has received related to criminal activity at the property.
The lawsuit asks the court to require the property owner to take multiple steps to improve security at the apartments. If the owner fails to take appropriate action, the city asks the court to fine the owner and require the property to be sold.
In the spring of 2020, City Attorney King created DNAT, which, through the courts, holds landowners accountable for keeping their properties clean and free of crime and blight. The team has successfully prevailed in multiple lawsuits and worked with property owners to generate a safer environment for the residents, both on those properties and in surrounding neighborhoods. The city’s DNAT strategy has served as a model for other municipalities.
To report a nuisance property, contact the Office of the City Attorney at problemproperty@birminghamal.gov or 205.254.6450, Monday through Friday, 8 a.m. to 5 p.m.
