# Duncan v. City of Montgomery

> Supreme Court of Alabama · April 11, 2008 · 1 So. 3d 15

URL: https://www.frixlaw.com/law-library/cases/4795508

## Case

- **Full name:** Ex parte Roy DUNCAN and Air Flow Awning Company, Inc. (In re Roy Duncan and Air Flow Awning Company, Inc. v. City of Montgomery)
- **Court:** Supreme Court of Alabama
- **Decided:** April 11, 2008
- **Citations:** 1 So. 3d 15; 2008 Ala. LEXIS 65
- **Precedential status:** Published
- **Opinion:** Concurrence by Parker
- **Judges:** Bolin, Cobb, Lyons, Murdock, Parker, See, Smith, Stuart, Woodall
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4795508

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4795508. Public record. Not legal advice.