Articles Posted in Supreme Court of Alabama

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Charles Breland, Jr., and Breland Corporation (collectively, "Breland") appealed the grant of summary judgment entered in favor of the City of Fairhope in Breland's declaratory action based on alleged negligent conduct by Fairhope in relation to real property owned by Breland. In 2000, Breland filed applications for permits and certifications from the United States Army Corps of Engineers and the Alabama Department of Environmental Management ("ADEM") in order to fill approximately 10.5 acres of wetlands on the property. Fairhope opposed the fill project. Breland purchased the mitigation credits required by the Corps permit, and hired engineers and consultants for the project sometime before he began actual filling activity. Eight years later, actual work on the fill project began, but the City issued a stop-work order that halted operations. Because his Corps permit would expire in late 2008, Breland sued Fairhope for declaratory relief and an injunction against the effects of multiple City ordinances passed in attempts to stop Breland's work. Fairhope moved to dismiss the complaint. Charles Breland testified that he dismissed his lawsuit against Fairhope when both his Corps permit had been extended (to 2013), and that "there [were] conversations that the city [initiated] about buying the property." According to Breland, by late 2011, he got the impression that Fairhope had been negotiating with him to buy the remainder of the property under false pretenses and that Fairhope actually was trying to delay Breland from resuming the fill project until the Corps permit expired. In early 2013, Breland sued again seeking a temporary restraining order and preliminary injunction against Fairhope's attempts to stop the fill project. The trial court dismissed Breland's case on statute of limitations grounds. The Supreme Court reversed, finding that each time Fairhope enforced its ordinances to stop Breland from filling activity on his property, Fairhope committed a new act that served as a basis for a new claim. Fairhope's last stop-work order was issued in November 2011; Breland filed this action on August 7, 2013. Accordingly, the two-year statute of limitations did not bar a claim for damages stemming from the 2011 stop-work order. View "Breland v. City of Fairhope" on Justia Law

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Richard and Betty B. Chesnut petitioned the Alabama Supreme Court for a writ of certiorari seeking review of the Court of Civil Appeals' opinion affirming the Madison Circuit Court's summary judgments in favor of the City of Huntsville, the Board of Zoning Adjustment of the City of Huntsville, Denton-Niemitz Realty, LLC, and Guild Building and Remodeling, LLC. In 1983, the Chesnuts purchased a house and the adjacent lot to the east of their house, which was in a Huntsville neighborhood that had been established in 1908. The neighborhood was zoned as a 'Resident 1-B' district. In October 2012, Denton-Niemitz purchased the house on the west side of the Chesnuts' house. Subsequently, Denton-Niemitz obtained a permit to raze the house it purchased. Denton-Niemitz hired Guild Building & Remodeling, LLC to demolish the Denton-Niemitz house. The city issued the permits and construction began on the new house. Richard Chesnut was concerned the new house did not comply with the applicable set-back line requirement, and requested the zoning code be enforced. When no action was taken, the Chesnuts filed suit. The Chesnuts argued that the Circuit Court erred in entering a summary judgment in the civil action because, they said, Jim McGuffey (the zoning-enforcement coordinator for the City) incorrectly interpreted Articles 12.2.4 and 73.7.4 of the City's zoning code; that, when McGuffey issued the permits, he used an "extralegal dictionary definition" of "developed" and "undeveloped"; that McGuffey ignored a mandate of the Huntsville City Council that he did not have the power to permit construction that did not conform with the zoning code; and that McGuffey and the City ignored well established rules of statutory construction and ignored their statutory mandate to administer ordinances according to their literal terms. After review, the Supreme Court reversed in part the judgment of the Court of Civil Appeals because the zoning enforcement coordinator's interpretation of the zoning ordinance was unreasonable. The Supreme Court affirmed in part the appellate court's judgment because the summary judgment and the Court of Civil Appeals' affirmance of that judgment was appropriate, not because the Chesnuts' appeal was untimely but because the Chesnuts' administrative appeal was barred by the doctrine of res judicata. The case was remanded for further proceedings. View "Ex parte Richard and Betty Chesnut." on Justia Law

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The City of Pike Road appealed a circuit court judgment holding that a manufacturing facility owned and operated by Dow Corning Alabama, Inc., located in Mt. Meigs, an unincorporated part of Montgomery County, was within the police jurisdiction of the City of Montgomery as opposed to the police jurisdiction of Pike Road. Finding no reversible error in that judgment, the Alabama Supreme Court affirmed. View "City of Pike Road v. City of Montgomery" on Justia Law