Question: What should the court decide and why? [Limestone Creek Developers, Inc. v Trapp, 107 So.3d 189 (Sup. Ct. Ala. 2012)]

Prompt:

Stuart Trapp had entered into an understanding with Mark Yarbrough and Terry McDonald (who formed Limestone Creek Developers, LLC [LCD]) for LCD to purchase property owned by Margaret Hulsey and prepare it for development, whereupon Trapp would purchase lots and build homes in what would be called Heritage Landings. LCD closed on the property purchase and had done some engineering work and then negotiated with Trapp to sell him 51 lots at $30,000 each. When the land was cleared and the streets laid out, LCD sought to close on the sale of the lots to Trapp for the 51 lots. Trapp told LCD that he could no longer finalize the purchase because of changed economic conditions. LCD filed suit to enforce the contract. Alabama has a statute that prohibits a landowner from selling lots for purposes of development until the county had issued a permit for development based upon a plat map and the posting of a surety bond to guarantee the installation of public streets, public roads, drainage structure, and public utilities. Trapp, citing the statute, refused to perform on the contract saying that it was void.