The Limestone County Commission Monday approved the controversial development of two lots in Bay Hill Village on the Tennessee River.

The 4-0 vote comes after Alabama Attorney General Troy King issued an opinion last week, saying the county has no jurisdiction and cannot intervene in the development that homeowners say is illegal and will degrade the value of their property.

Joel Wilson, owner of D.J. Wilson Construction Co. of Huntsville, said Monday that he would soon move forward with the proposed project. He said construction would start “depending on the weather.”

“We are delighted to be able to move forward,” Wilson said.

The county’s approval of the construction came after County Engineer Richard Sanders recommended it. Commissioners said the county attorney also recommended approval following the attorney general’s report.

King, in a letter dated March 8, says the approval of a subdivision by the commission is not subject to restrictive covenants.

“The restrictive covenants of a subdivision may be enforced by the private parties involved and not by the county,” King said.

Commissioners had been waiting on the opinion for weeks after requesting that the attorney general issue a ruling on the matter after Bay Hill residents appeared before the commission asking for the county’s help two months ago.

Residents have said they believe the development of the two lots will be detrimental to their neighborhood and asked commissioners to reject the proposal.

One of the negatives of the proposal is it would substantially block the view of the lake for those individuals living in the River Breeze condominiums. Residents said one of the selling points for the owners was that there was a clear view of the lake.

At question was whether the county had the right to reject a proposal to re-subdivide Lot 15A in Phase 22 and Lot 17A in Phase 1A into six lots.

Commission Chairman David Seibert said county attorneys advised the commission to abide by the AG’s opinion.

Residents told commissioners two weeks ago that it is likely the homeowners’ organizations at Bay Hill will file a lawsuit against Wilson in an attempt to stop the development.