The Limestone County Commission has no jurisdiction and cannot intervene in the proposed development of property in Bay Hill Village on the Tennessee River.

That is the opinion of Alabama Attorney General Troy King who in a letter to the commission 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 the attorney general to issue a ruling on the matter after Bay Hill residents appeared before the board asking for the county’s help two months ago.

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

One of the negatives to 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.

Not only do owners feel the quality of life in the condos would be hampered, but the value of these condos would be drastically reduced. Moreover, it would very likely have a negative impact throughout the community, residents said if the development is allowed.

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. D.J. Wilson Construction Co. of Huntsville, is proposing the construction, which residents believe is illegal based on restrictions of the neighborhood.

“I’ve met all the architectural restrictions, and I’m doing what the rules say,” Joel Wilson said earlier. “I can understand the concerns of the people here, but I’m doing what the rules say.”

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

He said the county would vote on the matter Monday.

“Basically, what it says is we have no jurisdiction,” Seibert told commissioners Wednesday during work session. “It will be on the agenda for approval Monday.”

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