Justia Government & Administrative Law Opinion SummariesArticles Posted in Supreme Court of Alabama
Ex parte State of Alabama.
The State of Alabama petitioned the Alabama Supreme Court for a mandamus relief. The State sought the vacation of a circuit court order holding certain statutes and acts of Alabama unconstitutional, and to require the Mobile circuit clerk to withhold 10% of the funds collected as court costs and fees from litigants in Mobile County until such time the State adequately funds the clerk’s office. This matter arose out of a criminal proceeding in which a grand jury indicted Mandy Brady for trafficking methamphetamine. Brady posted bond on that charge and was released; however, she was subsequently arrested on a new charge, and the State moved to revoke her bond. The circuit court granted the State's motion and revoked Brady's bond. Despite the fact that Brady was in State custody when the circuit court revoked the bond, Brady did not appear at her scheduled trial on the trafficking charge. When Brady failed to appear, the circuit court issued a show-cause order to the circuit clerk, the Mobile County sheriff, "and/or" the warden of the Mobile County jail seeking an explanation as to why Brady was released from jail despite the fact that the circuit court had revoked her bond. The warden testified that he never received notice from the circuit clerk's office that Brady's bond had been revoked; the circuit clerk testified that an employee in her office had properly entered the circuit court's order revoking Brady's bond before Brady was released from the county jail but that employee apparently failed to send notice of the order to the county jail. The circuit clerk explained that this mistake occurred because she did not have the ability to fully train her employees before giving them the responsibility of managing a circuit judge's docket; ultimately the problem, according to the circuit clerk, was that she did not have adequate funding to retain well trained personnel. The Supreme Court determined the circuit court exceeded its authority in the Brady matter, “purporting to award declaratory and injunctive relief no party had requested.” The State’s petition for mandamus relief was granted. View "Ex parte State of Alabama." on Justia Law
Posted in: Constitutional Law, Criminal Law, Government & Administrative Law, Legal Ethics, Supreme Court of Alabama
State of Alabama ex rel. Waterworks and Gas Board of Dora, Alabama v. Edwards
McArthur Sargent, chairman of The Waterworks and Gas Board of Dora, Alabama ("the Board"), in the name of the State of Alabama, appealed a circuit court order denying Sargent's petition for a writ of quo warranto seeking to declare Chris Edwards ineligible to hold office as a member of the Board because he was then-currently serving on the City Council of the City of Dora. The Alabama Supreme Court found that the restated and amended certificate of incorporation, which was controlling, did not include any prohibition against municipal officers serving on the Board. Accordingly, the Court held Edwards was duly appointed to serve as a member of the Board effective July 1, 2018, notwithstanding that he was already serving, as a member of the City Council of the City of Dora. View "State of Alabama ex rel. Waterworks and Gas Board of Dora, Alabama v. Edwards" on Justia Law
Monroe County Commission v. Nettles, et al.
Plaintiffs A.A. Nettles, Sr. Properties Limited, and Eula Lambert Boyles sought to quiet title a right-of-way that had been conveyed by the Alabama Railroad Company to the Monroe County Commission for use as a recreational trail in accordance with the National Trails System Act ("the Trails Act"), 16 U.S.C. 1247. The trial court quieted title in favor of plaintiffs. The Commission appealed, contending the evidence submitted was insufficient for the trial court to determine the railroad intended to abandon its interest in the right-of-way. The Alabama Supreme Court concluded the trial court did not err in concluding the easement reserved to the railroad by a right-of-way was provided in a quitclaim deed lapsed by nonuse, and was thus extinguished by operation of law, leaving nothing for the railroad to convey to the Commission. View "Monroe County Commission v. Nettles, et al." on Justia Law
Posted in: Civil Procedure, Government & Administrative Law, Real Estate & Property Law, Supreme Court of Alabama, Zoning, Planning & Land Use
Ex parte GASP.
GASP, an Alabama nonprofit corporation, filed a petition for certiorari review by the Alabama Supreme Court to challenge a Court of Civil Appeals decision. The Court of Civil Appeals affirmed the Montgomery Circuit Court's dismissal of GASP's petition challenging a decision of the Jefferson County Board of Health ("the Board") to amend its rules under the under the Alabama Air Pollution Control Act of 1971, section 22-28-1 et seq., Ala. Code 1975 ("the Air Control Act"). The Supreme Court granted GASP's petition for a writ of certiorari in order to evaluate, among other things, whether the Court of Civil Appeals correctly concluded that the rule-making procedures of the Air Control Act preempted any other rule-making procedures potentially applicable to the Board, particularly the rule-making procedures of the Alabama Administrative Procedure Act, section 41-22-1 et seq., Ala. Code 1975 ("the AAPA"). The Supreme Court determined the Court of Civil Appeals erred in concluding that the Air Control Act preempted the administrative procedures provided in the AAPA. However, the Board was not an "agency" of the State as defined in section 41-22-3(1), Ala. Code 1975, of the AAPA, and therefore the Board was not subject to the procedural requirements of the AAPA. Thus, although the Supreme Court relied on different rationale than the Court of Civil Appeals, that court's judgment affirming the judgment of the circuit court was nevertheless affirmed. View "Ex parte GASP." on Justia Law
Posted in: Civil Procedure, Environmental Law, Government & Administrative Law, Supreme Court of Alabama
Clay County Commission v. Clay County Animal Shelter, Inc.
The Clay County Commission appealed a trial court decision in favor of Clay County Animal Shelter, Inc. In July 2017, the county commission and three individuals ("the plaintiffs") initiated an action in against the animal shelter and certain state officials seeking injunctive relief and a judgment, pursuant to section 6-6-220 et seq., Ala. Code 1975, declaring that part of Act No. 2017-65 directing an expenditure of a portion of Clay County's tobacco-tax proceeds to the animal shelter to be unconstitutional. The plaintiffs asserted that Act No. 2017-65 was improperly enacted without a sufficient number of legislative votes in violation of Article IV, section 73, Ala. Const. 1901. The plaintiffs also filed a motion seeking a preliminary injunction to temporarily restrain distribution of Clay County's tobacco-tax receipts to the animal shelter. The animal shelter moved to dismiss the plaintiffs' complaint. The Alabama Supreme Court held the plain meaning of the language in Act No. 2017-65 provided for an appropriation to the animal shelter of 18% of Clay County's tobacco-tax proceeds. The animal shelter did not dispute that it is a "charitable or educational institution not under the absolute control of the state" within the meaning of section 73, nor did it argue that an appropriation to it would be exempt from the voting requirements of section 73. Thus, the legislature's appropriation to the animal shelter had to receive "a vote of two-thirds of all the members elected to each house" to comply with section 73. "It did not. That part of Act No. 2017-65 appropriating 18% of Clay County's tobacco-tax proceeds, i.e., Section 2(a)(3), is, therefore, unconstitutional." The trial court's judgment upholding Section 2(a)(3) was, therefore, reversed, and the case was remanded for further proceedings. View "Clay County Commission v. Clay County Animal Shelter, Inc." on Justia Law
Ex parte Marshall County Department of Human Resources.
In 2009, the Marshall County Department of Human Resources (DHR) removed J.J.V. from the custody of mother M.M.T. At that time, the child's father, J.V., was living in Florida, where mother and child resided until mother left father. Father came to Alabama to locate mother and child only to learn that DHR had removed the child from the mother's home. Without the aid of counsel, father attempted to work with DHR, briefly reuniting with mother. However, a DHR caseworker informed him that the child would not be returned to the parents if they resided together. Father left mother's residence, retained an attorney and secured supervised visitation with the child. In December 2010 and January 2011, father was granted unsupervised visitation with the child; he had a total of five unsupervised visits. After one such visit, the child's foster parents contacted a DHR caseworker, who was told the child had reported that father had "hurt her butt." At the caseworker's instruction, the foster parents took the child to the emergency room, which then referred the child for examination by a forensic nurse examiner. After the accusation, the father's visitation was changed to supervised visitation. In October 2011, father was charged with sexual abuse, arrested and placed in jail, where he remained for approximately 18 months. DHR filed a petition to terminate the father's parental rights; however, the juvenile court denied that petition. DHR appealed, and the Alabama Supreme Court reversed the juvenile court's judgment declining to terminate the father's parental rights and remanding the case for reconsideration of DHR's termination petition based on the evidence adduced at trial. On remand, the juvenile court entered another judgment declining to terminate the father's parental rights; there was no appeal. The sexual-abuse charge against father was dismissed in 2013. The father was then transferred to a detention facility in Louisiana on an immigration hold based on his status as an illegal immigrant. The father was released from the Louisiana facility in September 2014, after a 17–month detention. The father moved to Canton, Georgia, then sought custody of the child. The Supreme Court found after review of all the testimony in the lower court records, the parties were not yet ready for a change of legal and physical custody of the child and that such a change was actually not in the best interest of the child, and because there was no evidence indicating that those circumstances changed throughout all court proceedings. "Therefore, the juvenile court's October 19, 2017, order immediately removing the child from her foster parents and ultimately transferring legal and physical custody of the child to the father is not in the child's best interest and is, instead, plainly and palpably wrong." The Court reversed judgment of the Court of Civil Appeals and remanded this case for that court to order the juvenile court to vacate its judgment. View "Ex parte Marshall County Department of Human Resources." on Justia Law
Ex parte Wilcox County Board of Education
The Wilcox County Board of Education ("the Board"), and Board members Lester Turk, Donald McLeod, Joseph Pettway, Jr., and Shelia Dortch (collectively, "the Board members"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Wilcox Circuit Court to vacate its order denying their motion to dismiss the claims against them based on immunity and to enter an order granting that motion. In 2017, Kimberly Perryman, as guardian and next friend of her minor son, R.M., sued the Board, and J.E. Hobbs Elementary School principal Roshanda Jackson, and teacher Timothy Irvin Smiley. Perryman alleged in 2016, Smiley, "in a fit of rage and unprovoked, did lift the Plaintiff R.M. and slam him down upon a table, with such force as to break said table." Perryman further alleged in her rendition of the facts that "Smiley was in the habit of continuously and repeatedly using harsh, physical and otherwise inappropriate tactics on the students in his class" and that "Smiley's behavior was known or should have been known to the Principal Defendant and the School Board Defendant." Perryman asserted claims of assault and battery and intentional infliction of emotional distress against Smiley; claims of negligence and negligent/wanton hiring, training, retention, and supervision against Jackson; and a claim of negligence against the Board. Specifically, the negligence claim against the Board stated: "The ... Wilcox County Board of Education negligently breached [its] dut[y] to R.M. by failing to supervise, discipline or remove if necessary, the Defendant teacher [Timothy Smiley], thereby placing the Plaintiff R.M. in harm's way." The Alabama Supreme Court concluded the Board and the Board members in their official capacities were entitled to immunity from the state-law claims asserted against them; the Board members in their individual capacities were entitled to State-agent immunity from any state-law claims asserted against them; and that the Board members in their individual capacities were entitled to qualified immunity from the 42 U.S.C. 1983 claim asserted against them. Therefore, the circuit court should have dismissed Perryman's claims with respect to those parties, and to that extent the petition for mandamus relief was granted. However, the Board and the Board members in their official capacities were not entitled to Eleventh Amendment immunity from the section 1983 claim, and the petition was denied with respect to that claim. View "Ex parte Wilcox County Board of Education" on Justia Law
Posted in: Civil Rights, Education Law, Government & Administrative Law, Labor & Employment Law, Supreme Court of Alabama
LEAD Education Foundation et al. v. Alabama Education Association et al.
Alabama Public Charter School Commission members Mac Buttram, Charles Jackson, Lisa Williams, Melinda McLendon, Terri Tomlinson, Tommy Ledbetter, Melissa Kay McInnis, Chad Fincher, Henry Nelson, and Ibrahim Lee (collectively, "the Commission members"); LEAD Education Foundation ("LEAD"); and Ed Richardson, former interim State Superintendent of Education (with the Commission members, referred to collectively as "defendants"), separately appealed the grant of summary judgment entered in favor of the Alabama Education Association ("the AEA"), Vicky Holloway, and Felicia Fleming (collectively, "plaintiffs"). In 2017, LEAD submitted an application to the Alabama Public Charter School Commission ("the Commission") seeking to open a public charter school beginning in the 2018-2019 school year. In 2018, the Commission conducted an open meeting, with seven out of nine members present. Neither Holloway, Fleming, nor an AEA representative was present at the meeting, and no private citizens voiced any opposition to LEAD's application. At the conclusion of the meeting, the Commission voted 5-1 to approve LEAD's application. On March 15, 2018, the Commission adopted a resolution approving LEAD's application. On March 5, 2018, plaintiffs filed a complaint seeking declaratory and injunctive relief against the Commission members, Richardson, and LEAD, seeking among other things, to invalidate the Commission's 5-1 decision to approve LEAD's application to open a public charter school. Plaintiffs alleged, among other things, defendants did not have a quorum vote, and that the Commission violated the ASCSOA by not rejecting what they called a "weak or inadequate charter application." Extending "great weight and deference" to the interpretation of the ASCSOA by the Commission as the implementing agency, the Alabama Supreme Court concluded the Commission's interpretation of the ASCSOA as requiring an 11th member only when the local school board is an authorizer to be reasonable. The local school board was not an authorizer at the time the Commission considered the charter-school application. Thus, the Commission did not violate the ASCSOA by failing to include an 11th member. Furthermore, the Court concluded that, to the extent the circuit court denied defendants' motions for summary judgment with respect to plaintiffs' claim that the Commission violated the ASCSOA by voting as a majority of a quorum, the circuit court's decision was incorrect as a matter of law. Accordingly, it was ordered that the judgment be reversed and a judgment be rendered in favor of defendants. View "LEAD Education Foundation et al. v. Alabama Education Association et al." on Justia Law
Swindle et al. v. Remington
Sarah Swindle, Bill Newton, Young Boozer, Philip Cleveland, Susan Williams Brown, Richard Brown, Joe Ward, Luke Hallmark, Susan Lockridge, Russell Twilley, John R. Whaley, Charlene McCoy, C. Ray Hayes, and Donald Large, Jr., in their official capacities as board members of the Public Education Employees' Health Insurance Program ("PEEHIP"), appealed the grant of summary judgment entered in favor of Sheila Hocutt Remington, acting personally and as then president of the Alabama Education Association ("the AEA"). Specifically, the members of the PEEHIP Board ("the Board") challenged the circuit court's determination they violated the Alabama Open Meetings Act, and its judgment granting Remington declaratory and injunctive relief. After review of the record, the Alabama Supreme Court concluded that, at least to the extent the circuit court ordered injunctive relief beginning from the effective date of the superseding rate adjustments on or after May 1, 2018, and proceeding prospectively, Remington's request for injunctive relief was moot. The issues related to the premium surcharge increases between October 1, 2016, and May 1, 2018, however, remained ripe for review. To the extent the circuit court determined that the Board violated the Open Meetings Act by conducting the morning session in private, the Supreme Court agreed: under the circumstances of this case, it was clear to the Court there was only one "meeting" as that term was defined by 36-25A-2(6)a, which began during a closed morning session and continued during the open afternoon session. The Court further concluded the closed morning session of the meeting did not meet exceptions to the definition of a meeting required to be open to the public set forth in 36- 25A-2(6)b. The invalidation provision of 36-25A-9(f) did not apply, because it was clear the violation occurred during the full-day meeting and there was no genuine issue demonstrating that the invalidation of the Board's action would unduly prejudice third parties who relied upon the challenged action. Accordingly, with respect to the issues that remained ripe for review, the Supreme Court affirmed the circuit court's judgment. View "Swindle et al. v. Remington" on Justia Law
Ex parte Leon C. Wilson, in his official capacity as the former President of Alabama State University, and Quinton Ross, in his official capacity as the current President of Alabama State University.
Respondents, Sharron Stevens and Tim Stevens, sued petitioners, Leon Wilson, in his official capacity as the former president of Alabama State University, and Quinton Ross, in his official capacity as the current president of Alabama State University. Petitioners filed a motion to dismiss the claims against them on the basis that they were immune from suit. The trial court denied the motion to dismiss, and petitioners filed a petition for a writ of mandamus requesting the Alabama Supreme Court direct the trial court to enter an order dismissing the claims asserted against them. The underlying lawsuit arose when a Sharon Steves tripped and fell at an exit at the Acadome shortly after their daughter's graduation ceremony. The Alabama Supreme Court determined there was no possibility the Stevenses could possibly prevail on their claims against petitioners: the Stevenses sued the petitioners solely in their official capacities and sought only monetary damages from petitioners.. Thus, petitioners were immune from suit and entitled to a dismissal of the claims against them. View "Ex parte Leon C. Wilson, in his official capacity as the former President of Alabama State University, and Quinton Ross, in his official capacity as the current President of Alabama State University." on Justia Law