Justia Constitutional Law Opinion Summaries
Articles Posted in Alabama Supreme Court
Town of Gurley v. M & N Materials, Inc.
In case no. 1110439, the Town of Gurley ("the Town") appealed the trial court's judgment in favor of M & N Materials, Inc. ("M & N"), on M & N's inverse-condemnation claim against the Town. In case no. 1110507, M & N cross-appealed the trial court's judgment in favor of the Town and Stan Simpson on other claims. Based on the Supreme Court's review of the matter, the Court found that the applicable statute upon which M&N maintained did not support its claim of a regulatory taking. Therefore, the Court reversed the trial court's judgment in favor of M & N on its inverse-condemnation claim and rendered a judgment in favor of the Town. The Court's conclusion pretermitted the other issues raised by the Town in case no. 1110439. In case no. 1110507, the Court found no error in the trial court's judgment and affirmed its decision.
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Housing Authority of the Birmingham District v. Logan Properties, Inc.
The Housing Authority of the Birmingham District ("HABD") appealed the judgment entered by the Jefferson Circuit Court which awarded Logan Properties, Inc., $350,000 on its inverse condemnation claim against HABD, as well as an additional $100,000 for litigation expenses, and awarding the intervening plaintiff Alamerica Bank $10,000 for litigation expenses. Logan Properties is a real-estate and property-management company that purchases, renovates, rents, and maintains single-family and multi-family residences. In January 2002, Logan Properties purchased "Patio Court," a 30-unit apartment complex for approximately $101,000. Logan Properties began renovating the vacant units in the complex with the plan of transferring current tenants into the newly renovated units until the entire complex was eventually renovated and leased. Logan Properties financed the purchase and rehabilitation of Patio Court by obtaining a construction loan from Alamerica Bank. In February 2003, Logan Properties obtained an adjacent parcel of property including a triplex unit with the same goal of renovating and leasing the units. Sometime in 2004, Logan Properties learned that HABD had obtained a federal grant to redevelop "Tuxedo Court," a multi- block public-housing complex located across the street from Patio Court. That project entailed the demolition of the existing Tuxedo Court housing complex and the construction of new housing in its place. After the plans for the Tuxedo Court project were made public, tenants started leaving Patio Court, telling Logan Properties that HABD was going to condemn Patio Court as part of the project. As residents in Tuxedo Court left as well, the general area deteriorated, and the vacant Patio Court apartments became the subject of theft and vandalism. Though Logan Properties had completely renovated 18 of the units, it eventually stopped renovation work, and, at trial conceded that the entire property had become unlivable. The parties tried to negotiate salvaging the area, but Patio continued to deteriorate. HABD subsequently initiated condemnation proceedings, and simultaneously filed a lis pendens notice on the properties. The probate court granted HABD's application for condemnation and appointed three disinterested commissioners to determine the compensation due Logan Properties for the condemnation of its property. The probate court failed to enter an order adopting the commissioners' report within a seven-day period required by statute and Logan Properties moved for a dismissal of the condemnation action. The probate court granted that motion and dismissed the action. Logan Properties then initiated an inverse-condemnation action against HABD, alleging that HABD had taken or injured property owned by Logan Properties. Upon review of the trial court record, the Supreme Court concluded that because no evidence was presented at trial indicating that HABD was responsible for a direct physical injury upon Logan Properties' property, that judgment was reversed and the cause remanded for the trial court to enter a judgment as a matter of law in favor of HABD. View "Housing Authority of the Birmingham District v. Logan Properties, Inc." on Justia Law
Snider v. Morgan
Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider, appealed the trial court's dismissal of his complaint against Marquita S. Morgan ("Morgan"), both as executrix of the estate of Troy Ray Snider and on behalf of the estate of Harold Snider and First Bank of Boaz for failing to state a claim upon which relief could be granted. The matter stemmed from accusations over the execution of a power of attorney, the "seizure" of the decedents' estates and the repayment of loans from the estates. Upon review of the lower court's record, the Supreme Court affirmed the Rule 12(b)(6) dismissal of Jeff's claim against Troy's estate for money had and received (count IV) and the portion of count III representing Jeff's unjust-enrichment claim against Harold's estate. The trial court's judgment of dismissal of the remaining counts, however, were reversed and the case was remanded for further proceedings.
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Southeast Construction, L.L.C. v. WAR Construction, Inc.
Southeast Construction, L.L.C. ("SEC") appealed a circuit court's judgment and WAR Construction, Inc. ("WAR") filed a cross-appeal (which was treated as a petition for a writ of mandamus). The matter came before the Supreme Court following the appeal of the entry of the arbitration panel's ruling on the parties' respective construction contract claims. The decision resulted in a net award to WAR of $373,929. SEC filed a motion for modification of the award. WAR responded with a "Motion for Clerk's Entry of Arbitration Award as Final Judgment" pursuant to Rule 71C, Ala. R. Civ. P. The circuit court entered an order in which it declined to have the award entered as a judgment at that time. Eventually the court did enter an order based upon the arbitration award, and the parties appealed. "Given the nature of the award made by the arbitrators in this case and the nature of the resulting judgment the circuit court properly ordered the clerk to enter, it is apparent that the circuit court must take some additional responsibility for enforcing that award and the resulting judgment. To the extent WAR complain[ed] in its petition of the circuit court's reluctance to do so, [the Supreme Court agreed] with WAR" and, accordingly, ordered the circuit court to take appropriate action to enforce the judgment it has entered based upon the arbitrators' award.
View "Southeast Construction, L.L.C. v. WAR Construction, Inc. " on Justia Law
Hinton v. Alabama
Anthony Ray Hinton petitioned the Jefferson Circuit Court for relief under Rule 32, Ala. R. Crim. P., arguing that his trial counsel had provided ineffective assistance of counsel by failing to provide a qualified expert in his defense at his capital-murder trial. The circuit court denied Hinton's Rule 32 petition on the basis that Andrew Payne, the expert retained by defense counsel, was qualified to testify as a firearms-identification expert at Hinton's trial. Hinton appealed to the Court of Criminal Appeals; the Court of Criminal Appeals, after remanding twice for the circuit court to address the issue, affirmed the circuit court's denial of Hinton's petition. Hinton then petitioned the Supreme Court for a writ of certiorari to review the Court of Criminal Appeals' decision. The Supreme Court concluded that the circuit court did indeed base its determination that Payne was qualified to testify as an expert upon the "cold trial record." As a result, it was in no better position than was an appellate court to make the determination it made. Accordingly, the Court of Criminal Appeals erred in applying the abuse-of-discretion standard of review. The Supreme Court reversed the appellate court's judgment and remanded the case to the Court of Criminal Appeals for it to apply a de novo standard of review in reviewing the circuit court's judgment that Payne was qualified to testify as a firearms-identification expert.
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Lisle Company, Inc. v. Phenix City Board of Education
The Phenix City Board of Education ("the Board") sought mandamus relief from the Russell Circuit Court's denial of the Board's motion to dismiss or, in the alternative, for a summary judgment on claims brought against it by The Lisle Company, Inc. ("Lisle"). Because the Board is immune from suit pursuant to § 14, Ala. Const. 1901, the Supreme Court granted the Board's petition and issued the writ. View "Lisle Company, Inc. v. Phenix City Board of Education" on Justia Law
Tinney v. East Alabama Medical Center
East Alabama Medical Center ("EAMC") petitioned the Supreme Court for a writ of mandamus to direct the Randolph Circuit Court to transfer the action filed against it by John Tinney to the Lee Circuit Court. Tinney represented Jerry Benefield in a personal-injury action arising out of a motor-vehicle accident. Benefield was treated at EAMC for injuries he sustained in the accident. EAMC filed a hospital lien in Lee County for $3,361 against any recovery Benefield might receive in settlement of his personal-injury action. Tinney recovered a settlement for Benefield. As part of the settlement, Progressive Insurance Company issued a check made payable to EAMC and Tinney in the amount of $3,361. Tinney then filed the underlying lawsuit against EAMC in the Randolph Circuit Court, claiming that he had asked EAMC to allow him to receive 40% of the lien check as an attorney fee but that EAMC "failed and refused to negotiate the check or to agree on a division of the money." EAMC moved to transfer the action to Lee County stating that its principal office is located in Opelika, Lee County; that Lee County is where all actions taken by EAMC, such as telephone calls and letters, occurred; and that EAMC has no facilities and does no business by agent in Randolph County. Upon review, the Supreme Court concluded that EAMC proved that venue was not proper in Randolph County, therefore the trial court erred in denying EAMC's motion to transfer the case to Lee County. View "Tinney v. East Alabama Medical Center" on Justia Law
Busby v. BancorpSouth Bank
BancorpSouth Bank petitioned the Supreme Court for a writ of mandamus to direct the trial court to vacate its order denying the bank's motion to strike a jury demand in the complaint filed against it by Plaintiff Thomas L. Busby and to enter an order granting the Bank's motion, thereby enforcing Busby's waiver of a jury trial. The dispute arose from a construction loan to which Plaintiff Busby guaranteed. The loan agreement contained the jury trial waiver in the event of a dispute between the parties. The borrower defaulted on the loan, and the bank sought payment from Plaintiff. Plaintiff sued the bank, alleging multiple counts of fraud, misrepresentation and breach of contract. Upon review, the Supreme Court concluded that the bank demonstrated that it had a clear legal right to have the jury demand stricken. Accordingly the Court granted the petition, issued the writ, and directed the trial court to enter an order granting the bank's motion.
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Floyd v. Alabama
Christopher Anthony Floyd petitioned the Supreme Court for a writ of certiorari to review the decision of the Court of Criminal Appeals affirming his capital-murder conviction and his subsequent death sentence. The Court granted certiorari review to consider whether the Court of Criminal Appeals, following its plain-error review, failed to recognize as prejudicial any plain error it found in the proceeding in the trial court. Specifically, the Court granted certiorari review to consider: (1) whether the State used its peremptory challenges in a discriminatory manner in violation of "Batson v. Kentucky," (476 U.S. 79 (1986)); (2) whether the trial court properly excluded certain statements to police as inadmissible hearsay; and (3) whether the trial court properly denied Floyd's motion for a new trial based on allegedly newly discovered evidence. The Court reversed the Court of Criminal Appeals' decision based on the Batson issue and remanded the matter for further proceedings.
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Spencer v. S. Boyd, Inc.
Shirley Spencer and Christy Gee petitioned the Supreme Court for a writ of mandamus to direct the Greene Circuit Court to vacate its judgment granting the motion of K & K Excavating,
LLC ("K & K"), to enforce a forum-selection clause and transferring the petitioners' action against K & K to the Tuscaloosa Circuit Court. In 2007, Spencer contracted with K & K for the installation of a septic system at the petitioners' house in Eutaw. The petitioners separately contracted with S. Boyd, Inc. ("Boyd"), to conduct the excavation work necessary to install the septic system. The
contract between the parties included a forum-selection clause. When mediation of the case proved unsuccessful, the Greene Circuit Court ordered another pretrial conference to be held. K & K filed a reply brief in support of the transfer motion. The Greene Circuit Court ultimately entered an order granting the transfer motion as to K & K and severing the petitioners' claims against K & K from those asserted against the Boyd defendants; the Greene Circuit Court denied the transfer motion as to the Boyd defendants. The petitioners did not challenge the validity of the forum selection clause. Instead, the petitioners argued only that K & K waived its right to enforce the forum-selection clause "by defending the lawsuit in Greene County for two years, through multiple pretrial conferences and completion of party discovery." The Supreme Court agreed. Under the facts of this case, K & K's substantial invocation of the litigation process in Greene County clearly
evinced its intention to abandon its right to enforce the forum-selection clause in favor of the judicial process. Therefore, the Court granted the petition and directed the trial court to vacate its order granting the transfer motion.
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