Opinion

Century Tel of Alabama, LLC v. Dothan/Houston County Communications District

  • 197 So. 3d 456
  • 2015 Ala. LEXIS 124
  • 2015 WL 5725111
Court
Supreme Court of Alabama
Filed
Sep 30, 2015
Status
Published
Author
Murdock
On the bench
Bolin, Bryan, Main, Moore, Murdock, Parker, Shaw, Stuart, Wise
Cited by
4 cases
Authority
More cited than 17.5%

“[T]he only issues before this Court are those included in the controlling questions of law identified in the circuit court’s certification.” (citation omitted)

How later courts described this case

  • “[T]he only issues before this Court are those included in the controlling questions of law identified in the circuit court’s certification.” (citation omitted)

Written by the judges who cited it.

The opinion

MURDOCK, Justice

(concurring in the result).

In my view, Act No, 2012-293, Ala. Acts 2012, effectively repealed, rather than amended, the statutory provision imposing the local 911 charges that are the subject of the plaintiffs’ claims and replaced that statutory provision with one providing for similar, but different, charges. Nonetheless, I concur in the result because the plaintiffs’ right to the charges imposed by the former statute were vested at the time of the repeal of the statute. See Blake v. State ex rel. Going, 178 Ala. 407, 411 , 59 So. 623, 625 (1912) (noting the “general rule” that “when a statute is repealed it stands as if it had never existed, except as to vested rights which have accrued under its operation”).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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