Justia Government & Administrative Law Opinion Summaries

Hubert Norris appealed the grant of summary judgment entered in favor of the Fayette County Commission and the dismissal of his petition for a writ of mandamus. Because the trial court correctly held that, as a matter of law, Norris did not meet the statutory requirements to be appointed a supernumerary sheriff, Norris was not entitled to the mandamus relief he requested. Accordingly, the Supreme Court concluded trial court did not err in entering a summary judgment in favor of the Commission and in dismissing Norris's petition for a writ of mandamus. View "Norris v. Fayette County Commission " on Justia Law

AltaPointe Health Systems, Inc. ("AHS"), appealed a probate court order denying its petition for an award of expert-witness fees a civil-commitment proceeding. This case presented a matter of first impression for the Supreme Court. By disqualifying AHS from receiving expert-witness fees for the testimony of its employees, the Supreme Court concluded the Probate Court erred as a matter of law. When the probate court elicits testimony from an expert witness provided by AHS on the issue of civil commitment and the witness is an employee of AHS, a plain reading of section 22-52-14 entitles AHS to such fees as the probate court in its discretion determines are reasonable. View "AltaPointe Health Systems, Inc. v. Mobile County Probate Court " on Justia Law

Ann Whitty, Tratillia McCall, and other class-action plaintiffs filed suit against Montgomery County and Janet Buskey (in her capacity as Montgomery County Revenue Commissioner. Plaintiffs appealed the dismissal of their case by the Montgomery Circuit Court. Whitty and McCall, on behalf of themselves and a purported class of similarly situated property owners, filed suit seeking class certification of Montgomery County property owners whose properties were sold because of delinquent ad valorem taxes, where the sales produced an excess over the taxes, interest, penalties and costs due. Following discovery, a question of standing arose with regard to the class representatives. The County and the revenue commissioner moved to dismiss and/or to strike amended complaints, arguing that Whitty and McCall lacked "standing" to pursue the claims in their original complaint and, therefore, that the trial court lacked subject-matter jurisdiction over the action at its outset. Upon review, the Supreme Court affirmed the trial court's dismissal of the complaint insofar as it related to the claims alleged by Whitty and McCall. However the Court reversed the trial court's judgment insofar as it included a dismissal of the claims of the additional plaintiffs added by amendments to the original complaint. The trial court was not without subject-matter jurisdiction over claims originally alleged by McCall; therefore, the various amendments to the complaint adding additional plaintiffs were viable. View "Whitty et al. v. Montgomery County et al. " on Justia Law

In 2004, the Baldwin County Commission passed a resolution recognizing the Fair Association's planned construction of a multimillion dollar coliseum at the Association's new fairgrounds site in Baldwin County. The Commission resolved to provide long-term funding for the Fair Association for a period of 10 years, beginning in the County's 2005 fiscal year. In 2008, the County and the Fair Association entered into a real-estate sale and purchase agreement for the conveyance of the coliseum property to the County. The purchase agreement provided that the County would be "released and relieved from paying [the Fair Association]the Seventy Five Thousand Dollars ($75,000.00), annual payment...." Following conveyance of the coliseum property, the parties entered into a lease agreement for the property. Despite the parties' agreement to discontinue the annual $75,000 payment to the Fair Association, the County made two additional payments in 2009 and in 2010. Each additional payment was presented to the County Commission as part of the "County Commission Accounts Payable Payments" and approved by the Commission along with payments to other vendors. The County asserted the two payments were made by mistake and sued the Association to recover the payments. After a hearing on the matter, the circuit court granted the Fair Association's motion for a judgment on the pleadings. The County appealed. Finding no reversible error, the Supreme Court affirmed the circuit court's judgment. View "Baldwin County v. Baldwin County Cattle & Fair Association, Inc. " on Justia Law

The Water Works and Sewer Board of the City of Prichard appealed the grant of summary judgment in favor of the Board of Water and Sewer Commissioners of the City of Mobile d/b/a Mobile Area Water and Sewer Service System in a declaratory and injunctive relief action. The dispute centered on the Mobile Water Board's planned takeover of the water and sewer systems currently being operated by the Prichard Water Board. "Because Amendment No. 863 affected only Mobile County, the legislature should have followed the procedure in section 284.01 instead of the procedure in section 284, and that noncompliance with 284.01 invalidated Amendment No. 863 in spite of any compliance with section 284." The Supreme Court reversed and remanded. The Supreme Court did not address all other arguments raised by the parties, and remanded the case for further proceedings. View "The Water Works & Sewer Board of the City of Prichard v. The Board of Water & Sewer Commissioners of the city of Mobile" on Justia Law

The Board of Equalization and Adjustment of Shelby County appealed a consent judgment reflecting an agreement between the Board and Shelby 39, LLC. The Board argued the circuit court lacked subject-matter jurisdiction over certain matters decided by the consent judgment. Upon review, the Supreme Court affirmed. View "Board of Equalization and Adjustment of Shelby County v. Shelby 39, LLC " on Justia Law

South Alabama Gas District (SAG) appealed a circuit court order enjoining it from selling liquified petroleum ("LP") gas and related appliances outside its member cities. Four individual taxpayers and Fletcher Smith Butane Co., Inc., sued SAG seeking both an injunction and damages for SAG's alleged violation of 11-50-266, as made applicable to gas districts by 11-50-399. The trial court bifurcated the claim for injunctive relief and the damages claim, and held a bench trial on the claim for injunctive relief. SAG argued that the notice and buy-out provisions did not apply to it because LP gas is not a "manufactured gas" within the terms of the statute. The trial court found otherwise and enjoined SAG from selling LP gas if it did not comply with 11-50-266. The circuit court found that the taxpayers lacked standing to challenge SAG's appliance sales. With regard to Fletcher Smith, SAG argued (among other things), that Fletcher Smith lacked standing because it sold its assets and was no longer engaging in the LP gas business. As proof, SAG cited Fletcher Smith's to "Requests for Admissions of Fact." After review of the circuit court record and the admissions cited by SAG in its appeal brief, the Supreme Court found that Fletcher Smith's claims for prospective relief became moot. "Because mootness goes to justiciability, this Court will not consider the merits of a claim that is moot." View "South Alabama Gas District v. Knight" on Justia Law

Hosea O. Weaver & Sons, Inc. appealed a jury verdict in favor of Ira Balch, personal representative of the Estate of Danny Balch, and Melvin Balch, personal representative of the estates of Bernard Balch and Armie Balch. The matter stemmed from a road-resurfacing project conducted by the Alabama Department of Transportation (ALDOT). ALDOT hired Weaver to complete the project. The Balches were traveling on the portion of the road resurfaced by Weaver when the vehicle they were riding in was hit head-on by a tractor-trailer. Their personal representatives filed wrongful-death actions against Weaver and others, alleging that Weaver negligently performed the resurfacing project, and that negligent performance caused the deaths of the Balches. The trial court denied Weaver's prejudgment motions, and the jury returned a verdict in the estates' favor. Weaver appealed the denial of its postjudgment motion, and alleged multiple errors at trial in its argument to the Supreme Court. Upon review, the Supreme Court concluded that Weaver owed no duty to the decedents, and therefore was entitled to judgment as a matter of law. The Court reversed the trial court and entered a judgment in favor of Weaver. View "Hosea O. Weaver & Sons, Inc. v. Balch" on Justia Law

Defendants U.S. Innovations Group, Inc. (and several others) petitioned the Supreme Court for a writ of mandamus to order the trial court to dismiss claims filed against it by Judy Hawke and Carolyn Grimes. Defendants argued that because the claims arose on a federal enclave subject to exclusive federal jurisdiction, the trial court lacked jurisdiction to hear the claims. Finding that defendant did not demonstrate the trial court lacked jurisdiction or that they had a clear right to have those claims dismissed, the Supreme Court denied their petitions for the writ. View "Hawke v. U.S. Centrifuge Systems, LLC" on Justia Law

Lowell and Deborah Fuller, and Ronald Sheila Turner, appealed a circuit court judgment that found that although the Town of Magnolia Springs held no riparian rights in or to the Magnolia River, the Town was entitled to construct improvements on the shores and to construct a boat launch, dock and/or pier to be used in connection with "Rock Landing," a public landing on the River, and that Rock Street (a public street adjoining land owned by the Fullers and Turners) could be used as temporary parking for the purpose of launching a boat or other float at Rock Landing. The Town cross-appealed that portion of the judgment which declared that the Town held no authority to convert a portion of Rock Street from a public street to a parking facility and recreational area. The Supreme Court, after its review, concluded that the trial court's findings of fact and conclusions of law were contradictory to the remedy it ultimately fashioned. Because of this contradiction, the Supreme Court reversed the trial court's judgment and remanded the case for revision of either the conclusion of law or the relief ordered. With regard to the Town's cross appeal, the Court found that because the issue of parking along Rock Street directly related to the issues on appeal, it too should have been reconsidered. View "Fuller v. Town of Magnolia Springs " on Justia Law