Mediation talks began Monday between both sides in the protracted litigation over the existence of a controversial county water utility board.

The talks stem from an appeal the defendants had filed before the Supreme Court of Alabama over a circuit court injunction blocking them from accessing or controlling the county water department earlier this year.

The plaintiffs — the Cullman County Commission and five county residents who filed a lawsuit in May seeking to dissolve the newly-created board —along with the defendants — The South Cumberland Cooperative District (SCCD) and the Governmental Utility Services Corporation of Cullman County (GUSC) — were ordered into mediation by the high court in September following a series of local court orders that the defendants had contested.

The parties, along with their attorneys, met at what was considered to be a neutral site Monday — the Cullman Civic Center. The talks ran all day, beginning at 9 a.m. and ending around 4 p.m. Trained mediator Phil Adams, an attorney with Auburn-based Adams, Umbach, Davidson & White, LLP, has been designated as the intercessor in the negotiations.

At issue is whether the plaintiffs, who want nothing less than the total dissolution of the SCCD and GUSC, and the defendants — who are fighting for their right to exist beyond the bitter political circumstances that attended the utility boards’ creation in late April, — can find common ground that could lead to a settlement of the lawsuit.

That suit, filed May 7, accused two county commissioners — since voted out of office — of violating state open meetings laws, jeopardizing county finances, wasting county assets and conspiring to take corporate action outside the view of the public. In addition to the county commission, which has since been realigned as a plaintiff in the case, the suit named both the SCCD and the GUSC as defendants.

The county commission is being represented at the talks by county attorney Rusty Turner; the individual plaintiffs are being represented by local attorneys Steve Griffith and Todd McLeroy. The SCCD, which has juggled law firms over the lifespan of the suit, is currently represented by Tim Fulmer and David Schoel of Birmingham-based Natter and Fulmer, P.C.

Commission chairman James Graves attended the meeting on behalf of the plaintiffs; SCCD and GUSC board member Dennis Haynes attended for the defendants.

At the end of Monday’s day-long session, Turner reserved making specific comments about how the proceedings went, saying future meetings to continue the mediation will have to take place first.

“We’re still in the process. [Comment about the mediation] is something that will come out once it’s concluded,” said Turner. “This is all still preliminary. There is a deadline of Dec. 14; however, the mediator can request additional time of the Supreme Court, and they will usually grant that, based on his recommendation. We expect that that will happen in this case.”

Graves also hesitated to comment on specifics of the talks, but said the day had gone smoothly.

“It was very cordial, on both sides,” said Graves. “Our attorneys seemed to be satisfied that progress was being made. Beyond that, I’m not at liberty to discuss anything today, because this is a process that’s still ongoing. I did think the mediator was very professional in his conduct and the respect he held from both sides because of his expertise.

“I know there are still further items to be discussed, so mediation didn’t end today,” he added. “But, at the same time, both sides seem to be satisfied with the way it concluded at the end of the day.”

A second date for the next round of mediation has not yet been set, Turner added.

Attempts to contact Haynes for comment Monday afternoon were not successful.

‰Benjamin Bullard can be reached by e-mail at bbullard@cullmantimes.com or by telephone at 734-2131 ext. 270.