Justia Alabama Supreme Court Opinion Summaries

This case concerned the reallocation of a circuit-court judgeship from the 10th Judicial Circuit located in Jefferson County, Alabama to the 23d Judicial Circuit located in Madison County. Tiara Young Hudson, an attorney residing in Jefferson County, had been a candidate for appointment and election to the Jefferson County judgeship before its reallocation to Madison County. Hudson filed suit at the Montgomery Circuit Court ("the trial court") seeking a judgment declaring that the act providing for the reallocation of judgeships, § 12-9A-1 et seq. ("the Act"), Ala. Code 1975, violated certain provisions of the Alabama Constitution of 1901. Hudson also sought a permanent injunction removing the Madison County circuit judge that had been appointed to fill the reallocated judgeship from office and directing the governor to appoint a new person nominated by the Jefferson County Judicial Commission to fill the judgeship in Jefferson County. The trial court dismissed the action on the ground that it did not have subject-matter jurisdiction to grant the requested relief. Finding no reversible error in that dismissal, the Alabama Supreme Court affirmed. View "Hudson v. Ivey, et al." on Justia Law

On May 27, 2016, at approximately 2:00 a.m., Sgt. George Taylor, a police officer employed by the Chickasaw Police Department, discovered an automobile on the shoulder of the on-ramp to an interstate highway. Carlos Lens Fernandez ("Lens") was passed out inside the automobile, and the automobile's engine was running. After he failed to complete various field sobriety tests, Lens acknowledged that he was intoxicated. Sgt. Taylor arrested Lens for driving under the influence and, with assistance from Officer Gregory Musgrove, transported Lens to the Chickasaw City Jail. At the jail, Lens did not advise Sgt. Taylor or any other person that he had any medical issues or that he needed medical attention. According to both Sgt. Taylor and Sgt. Phillip Burson, Lens appeared to be intoxicated, and nothing about their encounter with Lens indicated to them that Lens needed medical attention. At approximated 8 a.m., jailers checked on Lens, but he was not responding to oral commands. Officer Robert Wenzinger stated that when he checked Lens, he could not find a pulse and noticed that Lens was cool to the touch on his arm and neck. Emergency medical services were dispatched; by 8:50 a.m., attempts to resuscitate Lens were unsuccessful, and Lens was pronounced dead at 9:14 a.m. Lens's autopsy report listed the cause of death as "hypertensive and atherosclerotic cardiovascular disease." Carlos Fernando Reixach Murey, as administrator of Lens' estate, appealed the grant of summary judgment entered in two separate actions in favor of the City of Chickasaw, and the varios officers and jail officials who checked on Lens when he was arrested and detained. Finding no reversible error in the grant of summary judgment in either case, the Alabama Supreme Court affirmed the circuit court. View "Murey v. City of Chickasaw, et al." on Justia Law

Carlos Fernando Reixach Murey, as administrator of the estate of Carlos Lens Fernandez, deceased, appealed the grant of summary judgment entered in two separate actions in favor of defendants the City of Chickasaw, Michael Reynolds, Cynthia Robinson Burt, Arellia Taylor, and George Taylor. In May 2016 at approximately 2:00 A.M., a Chickasaw police officer discovered an automobile on the shoulder of the on-ramp to an interstate highway. Carlos Lens Fernandez ("Lens") was passed out inside the automobile, and the automobile's engine was running. After he failed to complete various field sobriety tests, Lens acknowledged that he was intoxicated. Lens was arrested for DUI and transported to jail. Lens did not advise Sgt. Taylor or any other person that he had any medical issues or that he needed medical attention. According to both Sgt. Taylor and Sgt. Burson, Lens appeared to be intoxicated, and nothing about their encounter with Lens indicated to them that Lens needed medical attention. The jailers/dispatchers on duty when Lens was brought in noted Lens' condition and apparent inability to answer questions, but neither fully completed a medical-screening form for Lens. Hours after his arrival, the jailers monitored Lens through a video-monitoring system. Lens did not respond to oral commands; officers physically checked him, found no pulse, attempted to revive him, but Lens was pronounced dead at 9:14 A.M. that morning. The autopsy report listed the cause of death as "hypertensive and atherosclerotic cardiovascular disease." The Alabama Supreme Court concluded Murey could not establish the officers, City nor jailers were not immune from liability for their actions surrounding Lens' death. Accordingly, judgment in favor of the government defendants was affirmed. View "Murey v. City of Chickasaw, et al." on Justia Law

Jennifer Dell Peach sued, among others, Lester Thomas asserting claims arising from a multivehicle accident that took place after Thomas, a State trooper with the Alabama Law Enforcement Agency, allegedly blocked both lanes of a highway to perform traffic stops of speeding drivers. Thomas moved for a summary judgment, arguing, among other things, that he was entitled to State-agent immunity. The trial court denied that motion. Thomas petitioned the Alabama Supreme Court for a writ of mandamus directing the trial court to enter a summary judgment in his favor on the ground of State-agent immunity. The Supreme Court determined that based solely on the arguments and evidence presented to the trial court, Thomas did not establish a clear legal right to an order granting his motion for a summary judgment based on State-agent immunity. Therefore, Thomas's petition for the writ of mandamus was denied. View "Ex parte Lester Lee Thomas." on Justia Law

Ed Davis sued the City of Montevallo ("the City") claiming that the City was in breach of contract because, in terminating his employment with the City, it failed to follow certain discharge procedures set out in an employee handbook it had issued to him. The City responded by arguing it was not required to follow the handbook's procedures because Davis was an at-will employee. After entertaining motions for summary judgment from both sides, the trial court ruled in favor of the City. Davis appealed. The Alabama Supreme Court reversed the trial court's summary judgment in favor of the City. "The Handbook was an offer for a unilateral contract, which Davis accepted by continuing his employment with the City. Because the Handbook constitutes a unilateral contract, we reverse the trial court's denial of Davis's motion for partial summary judgment and direct the trial court on remand to determine whether, in fact, the City violated the Handbook's terms." View "Davis v. Montevallo" on Justia Law

Plaintiffs Gulf Shores City Board of Education and Kelly Walker appealed a circuit court's dismissal of their complaint seeking certain declaratory and mandamus relief against the Superintendent of the Alabama State Board of Education; the Revenue Commissioner of Baldwin County; certain Baldwin County Commissioners; the Baldwin County Board of Education; a Baldwin County Circuit Judge; the Baldwin County District Attorney; and Coastal Alabama Community College ("CACC"). This case involved the interplay among § 16-13-31(b), § 40-12-4, and § 45-2-244.077, Ala. Code 1975, a part of § 45-2-244.071 et seq., Ala. Code 1975 ("the local-tax act"), which authorized the Baldwin County Commission to levy a 1% sales tax in Baldwin County paralleling the state sales tax found in § 40-23-1 through § 40-23-4, Ala. Code 1975. In 2017, the Gulf Shores Board was created to oversee an independent city school district pursuant to a resolution adopted by the City of Gulf Shores. The Gulf Shores Board and the Baldwin County Board entered into negotiations that resulted in a separation agreement pursuant to which the Gulf Shores Board obtained certain assets and assumed certain liabilities of the Baldwin County Board. Additionally, the separation agreement provided that taxes collected specifically to fund public schools in Baldwin County would be apportioned according to the apportionment provisions in § 16-13-31(b) and § 40-12-4(b) so as to include the Gulf Shores Board as a recipient. However, the separation agreement did not address apportionment of the proceeds of the local tax. The president of the Gulf Shores Board stated in his affidavit that the "parties specifically agreed to disagree [as to] whether the [local] tax was required to be apportioned." The Gulf Shores Board demanded but did not receive a share of the local-tax proceeds. Plaintiffs filed their initial complaint against the superintendent, the revenue commissioner, and the county commissioners, seeking mandamus relief requiring that the local-tax proceeds be apportioned to include the Gulf Shores Board as a recipient and/or a judgment declaring that the local-tax act was unconstitutional. The Alabama Supreme Court concluded the Gulf Shores Board lacked standing to bring its constitutional claim, and Walker could not show that the local tax was a levy of special taxes on her as a citizen of a definite locality expended in some other locality. Accordingly, dismissal was affirmed. View "Gulf Shores City Board of Education, et al. v. Mackey, et al." on Justia Law

The City of Helena ("Helena") appealed the issuance of a preliminary injunction by the Shelby Circuit Court in favor of the Pelham Board of Education ("the Board") and its officers and/or members, in their official capacities (collectively, "the Board defendants"). In June 2021, the Board purchased approximately 52 acres of undeveloped land located within the corporate limits of Helena. The land has not been annexed by the City of Pelham or the Board. Helena collects property taxes on the land, and the land was zoned for single-family residential use under a Helena zoning ordinance. After purchasing the land, the Board began clearing the land for the purpose of constructing one or more athletic fields and a parking lot as part of the Pelham High School campus. Pelham High School was located adjacent to the land but lied within the corporate limits of the City of Pelham. The athletic-field project was originally scheduled to be completed on or before January 17, 2022, but it was delayed by Helena's attempts to enforce its zoning ordinance, which was an issue in this case. Helena asserted in its complaint, among other things, that the Board has no statutory authority to construct the athletic-field project within the corporate limits of Helena. The Board defendants counterclaimed, seeking sought declaratory and injunctive relief based on their position that the athletic-field project served a governmental purpose and, therefore, was not subject to Helena's zoning ordinance. Finding that the trial court did not follow the mandatory requirements of Rule 65(d)(2), the preliminary injunction was dissolved and the order issuing the injunction was, therefore, reversed and the case remanded. View "City of Helena v. Pelham Board of Education, et al." on Justia Law

In 2017, the State of Alabama sued, among others, Epic Tech, LLC ("Epic Tech"); K.C. Economic Development, LLC, d/b/a VictoryLand ("KCED"); and Sheriff Andre Brunson, in his official capacity as sheriff of Macon County (referred to collectively as "the Macon County defendants"). At around that same time, the State sued, White Hall Enrichment Advancement Team d/b/a Southern Star Entertainment ("Southern Star") and White Hall (referred to collectively as "the Lowndes County defendants"). In each action, the State sought an order declaring the illegal gambling operations conducted by the defendants to be a public nuisance and related injunctive relief. The State's complaint in each action was also accompanied by a motion seeking the entry of an order preliminarily enjoining the defendants from engaging in illegal gambling operations. In case nos. 1200798 and 1210064, the State appealed Macon Circuit Court and Lowndes Circuit Court orders denying the State's requests for injunctive relief. In case no. 1210122, defendants/counterclaim plaintiffs White Hall Entertainment and the White Hall Town Council (referred to collectively as "White Hall"), cross-appealed the Lowndes Circuit Court's order dismissing their counterclaims against the State. The Alabama Supreme Court consolidated these appeals. In case no. 1200798, the Court reversed the Macon Circuit Court order denying the State's request for preliminary injunctive relief and remanded the matter for that court to enter, within 30 days, a preliminary injunction enjoining the defendants' gambling operations in Macon County; in case no. 1210064, the Court reversed the Lowndes Circuit Court order denying the State's request for permanent injunctive relief and remanded the matter for that court to enter, within 30 days, a permanent injunction enjoining the defendants' gambling operations in Lowndes County; and in case no. 1210122, the Court affirmed the Lowndes Circuit Court's order dismissing White Hall's counterclaims. View "White Hall Entertainment, et al. v. Alabama" on Justia Law

Frederick Burkes, Sr. appealed a circuit court judgment entered in favor of James Franklin in an action initiated by Burkes. In March 2020, Burkes defeated Franklin, the incumbent, in a primary election for the office of constable for District 59 in Jefferson County, Alabama. Burkes was unopposed in the general election and was declared and certified as the winner of the election on Friday, November 13, 2020. Thereafter, Franklin sent a letter to the Jefferson Probate Court informing the probate court that Burkes had not filed an official bond within 40 days of the declaration of Burkes's election to the office of constable. The probate court notified the Governor that the bond had not been posted, making the office vacated by operation of law. The Governor thereafter appointed Franklin to the office of constable for District 59. On April 22, 2021, Burkes, acting pro se, initiated this action, which he identified as a quo warranto action, with the circuit court. Burkes alleged in his complaint that he had been sworn into the office of constable on January 4, 2021, and that he had filed an official bond on December 31, 2020, which he contended was timely pursuant to § 36-23- 4, Ala. Code 1975. Also acting pro se, Franklin filed an "answer" in which he also moved for a "summary judgment." In summary, Franklin asserted that Burkes had vacated the office of constable by failing to comply with the pertinent statutory procedure concerning the payment of official bonds. Franklin requested, among other things, that Burkes be ordered to cease and desist all activities concerning the office of constable and that Burkes's quo warranto action be "dismissed with prejudice." The Alabama Supreme Court found that Burkes's failure to give the circuit court security for the costs of this action deprived the circuit court of subject-matter jurisdiction over the action. Because the circuit court lacked subject-matter jurisdiction over this action, its judgment was void. Because a void judgment will not support an appeal, this appeal was dismissed. View "Burkes v. Franklin" on Justia Law

The Mobile County Board of Equalization ("the Board") petitioned the Alabama Supreme Court for a writ of mandamus directing the Mobile Circuit Court ("the trial court") to dismiss, for lack of subject-matter jurisdiction, an appeal filed by Atwood Drilling, Inc. ("Atwood"), challenging the Board's final assessment of ad valorem property taxes. This case concerns a dispute between Atwood and the Board as to the assessed value of personal property owned by Atwood ("the property"). Atwood timely filed a notice of appeal to the trial court, challenging the assessment as too high. the Board moved to dismiss Atwood's appeal, alleging: (1) taxes on the property had become delinquent because they had not been paid by January 1, 2021; and (2) by failing to pay the disputed amount before January 1, 2021, Atwood had not satisfied a jurisdictional requirement in § 40-3-25 -- specifically, the requirement that, when appealing a tax assessment, a taxpayer who has not executed a supersedeas bond must pay the assessed taxes before they become delinquent. In support of the motion to dismiss, the Board attached a receipt from the office of the Mobile County Revenue Commissioner ("the Commissioner") indicating that Atwood had not paid the assessed taxes as of January 19, 2021. Atwood alleged that it had sent the Commissioner via certified mail on December 10, 2020, and suggested that delivery had been likely delayed because of service disruptions related to the COVID-19 pandemic. The Board argued that the "mailbox rule" in § 40-1-45 did not extend to undelivered tax payments. At some point following the Board's filing of the motion to dismiss, Atwood paid the tax bill, including penalties and interest, with a second check. After holding several hearings on the matter, the trial court, without stating the findings on which its decision was based, entered an order denying the Board's motion to dismiss on September 10, 2021. Because the appeal was not perfected, the Alabama Supreme Court determined the trial court lacked subject matter jurisdiction, and should have granted the Board's motion to dismiss. The petition was thus granted and the writ issued. View "Ex parte Mobile County Board of Equalization." on Justia Law