Ex parte East Central Baldwin County Water, Sewer and Fire Protection Authority v. Town of Summerdale (“Summerdale III”): The appropriate standard of review for reviewing the decisions and review process of a legislatively-created governing body is the arbitrary-or-capricious standard, and not “fraud, corruption, or unfair dealings” standard. In 2016 the Baldwin County Circuit Court granted partial summary judgment that was later affirmed by the Alabama Court of Civil Appeals declaring that two amendments to the certificate of incorporation of East Central Baldwin County Water, Sewer and Fire Protection Authority (“ECBC”) that had been approved by the Baldwin County Commission (one...
Alabama Peace Officers’ Standards and Training Commission v. Grimmett: When considering a peace officer’s law-enforcement certification, the Commission may conduct a character examination and is confined to its statutory authority. Revocation of Grimmett’s Law-Enforcement Certification Prior to 2001, Bryan Mark Grimmett was a state trooper in Alabama. In 2001, he was indicted by a Cullman County grand jury on felony charges of theft of property and altering computer equipment with the intent to defraud. In 2001, the Alabama Peace Officers’ Standards and Training Commission revoked Grimmett’s law-enforcement certification via plea agreement filed in the Cullman County Circuit Court, wherein as a...
Where a landowner has self-created a hardship pertaining to zoning ordinances, this hardship cannot serve as the basis for seeking a variance.
Subjective intent for an arrest and subsequent prosecution is immaterial so long as there is probable cause, even when there is evidence of personal animosity and a competing financial interest.
City of Birmingham v. Alex Thomas – The Alabama Court of Civil Appeals has held that a pension board is a separate entity from the municipality under certain conditions.
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