Cullman officials were hopeful that condemnation proceedings involving a parcel of property in Good Hope that is at the center of a controversy involving a proposed sewer improvement project would be resolved Friday. It wasn’t.

Instead, Probate Judge Betty Brewer granted Ben and Margaret Hoenig a postponement until May 12.

Cullman Mayor Don Green said after the hearing that he initially objected to the postponement, noting that the issue had lingered on for over two years.

“Although it wasn’t a requirement, the Hoenigs asked for a postponement so they could be represented at the hearing by their attorney. Initially we objected, but later agreed to delay the hearing until May 12,” Green said. “Hopefully at that time we’ll be at a point where we can finally come to a mutual agreement and put this behind us and move on.”

Just over two years ago, the city reportedly approached the Hoenigs, whose property actually lies within the township of Good Hope, about the possibility of running a sewer line across their property to connect the Alabama Highway 69 and Mann Road pump stations.

Arguing that one municipality has no right to use eminent domain to condemn land in another town’s jurisdiction, the Hoenig’s rejected the city’s offer for the right of way across their property which resulted in the city council authorizing condemnation proceedings last year.

“We’re not trying to do anything to try to hurt the Hoenigs or their property. The easement we’re seeking runs parallel to a creek that splits the property. It’s property that cannot be developed or built on because there’s not a lot you can do with a creek bed,” Green said. “They disagreed and we understand that. We’re not trying to do anything unfair. We have two pump stations, one at Highway 69 and the other in the vicinity of Wal-Mart that can be eliminated if we’re able to install this gravity flow line. Taking those stations off line would save the city approximately $40,000 annually in maintenance costs not to mention the estimated $250,000 to $300,000 it would cost to rehabilitate the pump station at Highway 69.”

Green said there is no truth to the rumor that the sewer line would serve Topre and Industrial Park 3.

“That area is already on city sewer,” Green said.

Green said the city has dealt in good faith with the Hoenigs, agreeing to certain stipulations and requests such as granting them free sewer hook-up as part of their compensation.

“I’d like to see us come to an agreement on our own without the need for a legal proceedings,” Green said. “It would be the best for everyone.

It would save us both additional legal costs and end an issue that should have been resolved months ago.”

The Hoenigs son, Eddy Hoenig, who has served as a spokesman for the family in recent months, said Friday this ordeal actually began four years ago when the city served notice of its intentions to run a sewer line across the family’s property just off Highway 69 South and north of County Road 222.

“Our family has spent the last four years questioning the legality of the project and looking at every possible option to stop it. We’ve spent the last three weeks taking a closer look at the different options available since we made the determination that they probably have the legal right to do this,” Hoenig said. “It takes time to have these discussions and consider every possible option. Whenever you go across an area of land as large as this there are various approaches that can be taken and we just want to be certain that the route proposed is the best route both for the city and also to protect our land as much as possible under the circumstances.”

Asked if he believes an agreement can be reached in principle in the next two weeks, Hoenig wouldn’t commit to it.