Applying the Arbitrary-or-Capricious Standard to Governing Bodies
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...
