A Newbern couple has filed a civil lawsuit in Hale County Circuit Court accusing a wide array of public, private, academic, and nonprofit entities of illegally discharging untreated sewage onto their residential property. The suit, filed August 13 by Marla and Laird Cole, names more than a dozen defendants including Auburn University, the Town of Newbern, and the engineering firm overseeing the Newbern wastewater treatment facility. The complaint describes the discharge as ongoing, damaging, and concealed, and seeks compensatory and punitive damages along with a permanent injunction and formal condemnation proceedings.
The case emerges amid a contentious political environment in the small town. Marla Cole is currently a member of the Newbern Town Council but is not seeking re-election. She was the sole vote against the establishment of the town’s Groundwater Sewerage Control Utility board in December. Her husband, Laird Cole, is a candidate in the upcoming mayoral election.
According to the complaint, the wastewater originates from a buried outfall pipe near the Coles’ property line on the western edge of the treatment site. The Coles allege the pipe was concealed under a stack of logs and does not appear on publicly filed permit documents submitted to the Alabama Department of Environmental Management (ADEM). The lawsuit states that the pipe discharges wastewater containing E. coli and other pollutants directly onto their property, creating standing pools, erosion, and runoff into a nearby creek.
The plaintiffs further claim that they suffered personal illness, emotional distress, and property damage as a result of the alleged discharges. According to the complaint, one of their dogs died after playing in the affected area, and both adults and their child experienced gastrointestinal symptoms. They also cite an uptick in dead wildlife, including armadillos and squirrels, and report that buzzards began congregating near their house in ways they describe as unsettling.
The suit details two cease-and-desist letters allegedly sent to Wade Burcham, the engineer listed as operator of the facility, in April and May of this year. The letters accuse Burcham and his firm, 5020 Engineering Resource Group, of operating the discharge without authorization and without informing regulators. The plaintiffs claim Burcham later falsely denied the existence of the pipe to ADEM and that he physically “bumped” Laird Cole after a town meeting in an act they describe as intimidating. They also allege that a large public event at Auburn University’s Rural Studio in May generated additional sewage, which they say flowed onto their property for more than two days.
Named defendants in the suit include: 5020 Engineering Resource Group Incorporated; Dennis Wade Burcham; Hutchins Services, LLC; Derrick Hutchins; Andrew Freear; Emily McGlohn; Mason Hinton; Auburn University Rural Studio; Auburn University; the Town of Newbern; Newbern WWTS 8448 AL-61; Newbern WWTP; Guthrie & Associates, Inc.; Bob R. Guthrie; Kevin D. White; Water Finance Exchange, Inc. (WFX); Walthalia Ltd. II; the Government Utilities Service Corporation of the Town of Newbern; and the Auburn University Real Estate Foundation, Inc.
The Coles allege that this group either directly operated or enabled the design, funding, construction, or operation of the wastewater facility and the hidden discharge system. They claim that the publicly available plans stated the discharge would be routed away from their property, but that in reality the system has sent wastewater directly onto their land.
Among other remedies, the suit seeks to permanently halt the alleged discharges, establish compensation for what the Coles say amounts to an unlawful taking of their property, and compel a judicially supervised cleanup and condemnation process.
At this stage, the court has not weighed in on the substance of the claims, and none of the defendants has filed a formal response. The complaint’s allegations have not been tested in court and represent only the plaintiffs’ account of events.
