Opinion

Duncan v. City of Montgomery

1 So. 3d 15
2008 Ala. LEXIS 65

Court: Supreme Court of Alabama
Filed: Apr 11, 2008
Status: Published
Author: Parker
On the bench: Bolin, Cobb, Lyons, Murdock, Parker, See, Smith, Stuart, Woodall
Cited by: 0 cases
Authority: More cited than 16.8%

The opinion

PARKER, Justice

(concurring specially).

Roy Duncan and Air Flow Awning Company, Inc., sought certiorari review of the Court of Civil Appeals’ no-opinion affir-mance, alleging a conflict with that decision and City of Mobile v. Weinacker, 720 So.2d 953 (Ala.Civ.App.1998).

I write specially to reiterate a fundamental principle about private property set forth in Weinacker :

‘““[S]o far as [an ordinance] restricts the absolute dominion of the owner over its property, it should furnish a uniform rule of action, and its application cannot be left to the arbitrary will of the governing authorities.” ’ Longshore v. City of Montgomery, 22 Ala.App. 620, 622 , 119 So. 599, 600 (1928), quoting City Council of Montgomery v. West, 149 Ala. 311, 314 , 42 So. 1000, 1000 (1907).”

720 So.2d at 954-55 .

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