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1/08/2026
Munford family sues Talladega County, says drained lake killed thousands of fish
Read the story: https://www.cbs42.com/news/munford-family-sues-talladega-county-says-drained-lake-killed-thousands-of-fish/
A Munford family is taking the Talladega County Commission to court for draining a lake on their property.
They say a county employee killed thousands of fish and turtles, causing irreversible harm. Josh and Alyssa Baxley bought a 125-acre farm in 2020. One of the selling points was a lake on the property filled with bass and wildlife.
The Baxley’s say that in August 2024, the lake was drained by a Talladega County employee. Since then, they say they have been left with thousands of dead fish and turtles.
“They said they were going to let some water out of it to view this structure,” Josh Baxley said.
That structure is a drain Baxley says was put on the lake by the county more than 50 years ago. Baxley says that in August 2024, a county employee came onto his property for what he was told was an inspection. Within days, the lake was drained.
Baxley said he found out when he got a call from Talladega County Assistant Engineer Shawn McComb.
“Shawn McComb called me and asked if I had been up here to look at it, then said the lake was pretty much dry,” Baxley said. “I said, ‘What do you mean dry?’ He said all the water was gone. I said, ‘You’ve got to be kidding me.’ That’s when my life came up here. My girls came up here while I was at work and called me and showed me pictures. I just hit my knees crying because the scene was like something out of a horror movie.”
According to Baxley, the lake is man-made, and when it was built the county had an easement to maintain it. He says that easement expired in 2019.
“They maintain that they have an easement on the property, which they have — in the five years we’ve owned the place — never produced any documentation or a valid easement to prove that at all,” Josh Baxley said.
Baxley’s wife, Alyssa, is an attorney representing the family. She says since the lake was drained, they have tried to work with the county on a solution. The family says it wants the lake restored to its previous condition.
“We went to the council meetings. We made the formal complaint. First, we just tried informally, reaching out to the appropriate people at the county,” Alyssa Baxley said. “They kept saying, ‘We’re going to make this right. Don’t worry.’ At one point, a lawyer reached out and said, ‘Don’t worry, we’ll be in touch.’”
She says they never heard back and, with the statute of limitations running out, felt forced to file a lawsuit.
“I want some accountability. I don’t think they need to be doing this to private property. They are not the federal government. They don’t have eminent domain,” Alyssa Baxley said. “I just want some spotlight on the way the county government is being run. I honestly expected them to make it right a long time ago.”
The Talladega County Commission did not respond to our requests today to speak with them about the allegations made in the lawsuit.
The commission now has 30 days to respond to the lawsuit in court.
1/11/2026
‘I just want accountability’ Drained private lake sparks family’s lawsuit against Talladega County
A Munford family is suing Talladega County over the draining of a private lake on their property and subsequent death of thousands of fish.
Josh Baxley, who owns the 125-acre farm where the lake is located, says he was approached by the assistant to the county engineer last year and told that the county would be draining the lake in order to inspect a drainage spillway, citing an alleged easement on the lake.
“They were only supposed to lower the water a little bit to inspect the drainage structure,” Baxley said. “They got to whatever point they were satisfied with and were supposed to close the valve, but they didn’t close it. It kept draining.”
Baxley says his lake was drained completely dry, resulting in the death of thousands of fish that had been stocked in the lake. He called the scene “a disaster.”
“That lake was a huge part of our life,” he said. “Me and the girls went up there five times a week. I taught my girls how to fish there. We would go paddle boating. We had kayaks they would ride with me on.”
Still, the family did not pursue legal action at first.
“We didn’t rush to sue,” Baxley said. “We’re not litigious. We tried everything to not let it get to this point. I made a big packet with pictures and a request to the County Commission. They all said they were going to do the right thing. They said they would work with us.”
Baxley says the county repeatedly promised to address the situation and “make it right,” but have failed to do so, leaving the family with few options.
“Nothing else happened. None of the commissioners have been on site. No one has come with a plan. No one has come with a proposal,” he said. “When someone looks you in the eye and shakes your hand and says ‘we’re going to fix this’ you should be able to take them at their word, especially if they’re an elected county official. I just want accountability.”
Aside from the devastation of the lake, there’s also the question of whether or not the claimed easement was actually valid.
Baxley said that after he bought the property in 2020, county employees cut the locks on his gate without notifying him and came onto the property to mow the grass on the dam around the lake. He says he requested proof they had the right to do so, but never received anything.
“The commission contended that they have a valid easement for this property to manage this watershed lake,” Baxley said. “I have requested documentation for that. They have never provided anything. When we bought the property in 2020, there was no easement attached to the deed.”
Baxley said he didn’t resist the county then or when they drained the lake, but didn’t give them express permission either.
The family is represented by Alyssa Baxley, partner at Baxley and Maniscalco. She is also the spouse of Josh Baxley.
“Our position is that they did not have the legal authority to either enter, or inspect or drain the lake,” Alyssa said. “But they told us they were coming and had the authority to do so.”
She says that while they knew the county planned to drain the lake, they had no clue it would be drained dry.
“(We) don’t believe it was their intention,” she said. “They just went home and left it open.”
Brad Proctor, the attorney for Talladega County, could not be reached for comment; neither could County Administrator Pat Lyle or Commissioner Darrell Ingram.
The assistant to the county engineer who initially contacted Baxley was reached, but refused to comment.
In the suit, filed on Jan. 8, the family is asking for unspecified damages. Talladega County has 30 days to respond.
“Let’s say that everything they claim about the easement is true. They still have a duty to protect my property while they’re on site,” Baxley said.
1/22/2026
Munford family claims county drained private lake, killed fish, ignored restoration pleas
What Joshua Baxley once described as his family’s oasis now sits more shallow: a private lake he says was drained without warning, killing thousands of fish and wiping out years of wildlife habitat.
Now, Baxley and his wife, Alyssa, are suing the Talladega County Commission and several county officials, accusing them of trespassing onto their private property, draining the lake without legal authority, and refusing to fix the damage more than a year later.
“This place is my oasis,” Baxley said. “To see that devastation was heartbreaking.”
The lawsuit, filed this month in Talladega County Circuit Court, names the Talladega County Commission along with multiple county commissioners and county employees, alleging the defendants acted “deliberately, willfully, and with gross and reckless disregard” for the family’s property rights.
A lake that became family life
The Baxleys purchased the property on Henderson Lake Road in 2020. The private lake, they say, quickly became central to family life.
“We’re a typically Alabama family, we hunt and fish,” Joshua Baxley said. “We’d go catch fish and cook them for dinner.”
Their four young daughters, he said, loved fishing and spending time on the water.
“My daughters absolutely love fishing just a few days ago they said when are we going to go fishing again?” he said.
That question, Baxley said, is now hard to answer.
What the lawsuit alleges
According to the complaint, county personnel are accused of entering the Baxleys’ property on or about August 13, 2024, and opened drainage structures connected to the lake.
“They drained 40 feet of water,” Baxley said. “It’s 40 feet when it’s full. It was full when they accessed it. Two weeks later it was empty," he explained.
The lawsuit alleges the county had no valid easement or legal right to access or control the lake at the time. While the lake was originally created decades ago as part of a government-funded watershed project, the Baxleys say any easement allowing government access expired in 2019 and was never renewed.
When the Baxleys purchased the property in 2020, the complaint states, there were no recorded easements or encumbrances on the land.
Despite repeated requests, the lawsuit says county officials have never produced documentation showing they had the authority to enter the property or drain the lake.
The Baxleys also allege that, on a prior occasion, county personnel cut a lock on their gate to gain access to the property. When Joshua Baxley questioned county employee Shawn McComb about it, the lawsuit claims McComb told him the county had authority to “do whatever was needed” to maintain the lake’s water level — an assertion the Baxleys dispute.
Joshua's wife, Alyssa, a partner at Baxley Maniscalco Attorneys at Law is representing her family in the case.
Environmental and emotional damage
As a result of the drainage, the lawsuit alleges the lake remained dry for more than six months, destroying the entire fish population, damaging the surrounding ecosystem, and rendering the property unusable for recreation for more than a year.
“The fish all died,” Baxley said. “They said they’d make it right. They haven’t.”
Standing near the shoreline now, Baxley estimates the lake measures just 8 to 10 feet deep, far from the more than 40 feet it once held.
The emotional toll, he said, has been just as heavy.
Spending evenings at the lake was something the family looked forward to, Baxley said. Instead, he says he found himself comforting his young daughters as they looked at what remained.
“It was heartbreaking for me,” he said.
Legal claims and damages
The lawsuit outlines a wide range of legal claims, including trespass, nuisance, negligence, wantonness, conversion, unconstitutional taking (inverse condemnation), and negligent supervision and training.
The Baxleys argue the county’s actions amount to an unconstitutional taking of private property without just compensation, alleging the lake was effectively destroyed for public or governmental purposes without formal condemnation proceedings
They are seeking compensatory damages for:
- destruction of the lake and fish population
- loss of wildlife habitat
- diminished property value
- restoration and restocking costs
- emotional distress
They are also seeking punitive damages against individual defendants, as well as attorneys’ fees and court costs
In a formal notice of claim sent to the county in June 2025, the Baxleys estimated damages at $72,324, including more than $42,000 for fish restocking and rehabilitation based on a plan prepared by American Sport Fish Hatchery, and $30,000 for loss of use and enjoyment of the lake.
Attempts to resolve the dispute
Before filing suit, the Baxleys say they tried to work directly with county leaders.
“They shook my hand, looked me in the eye and said we’re going to do the right thing,” Baxley said. “They haven’t done anything. They made no attempts, no offer, no plans — there’s been nothing forthcoming from them.”
According to the lawsuit, the county failed to act on the Baxleys’ formal claim within the time required by Alabama law, clearing the way for the lawsuit to proceed.
The family has since obtained a restocking plan to understand what it would take to restore the lake — a process Baxley says could take years.
“It takes three years for the restocking,” he said. “You’re putting fish in this big and waiting for them to get this big. It’s a big process.”
What happens next
The Baxleys are requesting a jury trial, court documents show.
“I don’t want to sue anybody,” Baxley said. “But what else can I do? It’s been over 12 months since the incident. At some point I’ve got to get fish back in this lake or else it’s an eyesore for my family.”
ABC 33/40 reached out to the Talladega County officials named in the lawsuit for comment. Our calls and emails have all went unanswered.
As the case moves forward, Baxley says his hope is simple.
“I want them to take responsibility for it and fix it," said Baxley.
11/20/2025 - 11/21/2025
Robotics Tournament at CREATE!
We were so excited for the opportunity to volunteer at the robotics competition at the CREATE building in Oxford! It’s inspiring to see how much our children are learning, growing, and challenging themselves through hands-on innovation and teamwork.
These kids are incredibly talented! What an incredible experience for everyone involved!
A special thank you to everyone participating, the teachers, staff, and volunteers that make this possible!
11/18/2025
Historic Main Street Monthly Merchant Meeting!
This morning, we hosted the Historic Main Street Monthly Merchant Meeting, a great opportunity to share updates and discuss what’s ahead.
11/17/2025
Christmas on Main!
We had the best time at Christmas on Main!
Also happy to report Santa came clause-free and ready for some holiday fun.
10/30/2025
Neewollah on Noble!
Tricks, treats, and plenty of smiles at Neewollah on Noble!
Our BxM booth was full of photo-ops and amazing costumes. Thank you to everyone who stopped by to celebrate with us!
8/23/2025:
Downtown Litter Clean Up Day!
The Baxley Maniscalco team joins the Oxford, Alabama community for litter clean-up!
8/09/2025:
13th Annual Low Country Shrimp Boil & Drawdown!
Highlights from this year's 13th Annual Low Country Shrimp Boil and Drawdown! Great food, great company, and a great cause supporting The Ritz Theatre.
3/01/2024:
7KBZK Boseman: How to Prepare for the Worst and Protect Yourself
"Adam Maniscalco is a personal injury attorney. He says anyone who's been involved in a crash should get checked out by a medical professional within 24 hours, even if they're not immediately in pain. 'First of all, don't just assume that you're fine,' he said. 'When people get in accidents, they've got adrenaline rushing through their system, sometimes they might even be in shock, and in the end, you don't really know if you're okay or not.'
Based on insurance claim data, the average driver will crash three to four times in their lifetime. While most of those wrecks will be minor, the Alabama-based attorney says you should still try to take pictures and talk to witnesses, if you can safely do so.
'You just want to gather enough information, enough documentation, so that if there is a dispute that comes up about whose fault this accident was, you're ready to counter it,' Maniscalco explained, emphasizing the importance of getting a police report.
If another driver files an injury claim against you, contact your insurance provider for help. 'They're going to have a duty to defend you,' Maniscalco said, pointing to his list of sixteen crash dos and don’ts for further information."
2/20/2024:
"A lot of the times people don't know what they don't know," [Adam Maniscalco] said. "You might end up shortchanging yourself by accepting something that's less than what's fair."
In situations like this, he says your first step should be gathering evidence.
"Take pictures of everything. Take pictures of the damage of the car, of the person who was driving the car," Maniscalco said.
If the insurance company offers you an amount that won’t cover the damage, he says you can always negotiate.
"There's no such thing as a final offer. They may tell you this is the best we can do, but you don't have to accept that," he said.
If you're stuck in a back-and-forth battle like Yaeger, you can call for backup.
"Talk to a lawyer," Maniscalco said.
He says many attorneys will take these types of cases on a contingency basis, meaning you don’t have to pay out of pocket.
"The only way they do get paid is if they do their jobs and get a settlement," he said.
As for Yaeger's situation, we contacted the driver’s insurance company, which has now agreed to review her claim again.
In the meantime, her living room remains off-limits, awaiting repair.
Don't be afraid to dispute a lowball estimate so you don't waste your money."
2/19/2022:
NBC15: Woman Sues McDonald's for $13 Million Over Chemical-Laced Coffee
"According to a release by the woman's attorneys with Baxley Maniscalco Attorneys at Law, she bought the coffee on December 21, 2020, at the McDonald’s on Ross Clark Circle in Dothan, Alabama.
In the release, the woman, Sherry Head, says, 'I took a sip, and immediately my mouth and throat went numb, then started burning. Now I have permanent scarring in my throat and may need corrective surgery.'
The release states Head ordered the coffee at the drive-thru.
"Through the speaker, she heard one employee say that her coffee was unavailable because the machine was being cleaned. Another employee immediately shouted 'No, it’s ready to go!'" the release states.
After tasting the drink, Head opened the lid and saw that the liquid she drank was allegedly not coffee -- but instead, it appeared to be a chemical.
'She pulled back through the drive-thru and asked for help, but the McDonald’s manager said "It’s fine" and slammed the window,' the release states.
According to the release, Head was forced to call 911 herself. The law firm states McDonald’s employees continued to refuse to help and denied the requests from medical personnel 'to show them the bottle of the chemical that had been served to her.'
'She went to the doctor, she went to the hospital," attorney Adam Maniscalco said. 'They treated her and we have those medical records. We also have the records from the first responders who got there and reported on the scene.'
'It was terrifying. I drank a liquid chemical and it seemed like no one cared,' Head says in the release."