Opinion

Alabama Board of Examiners of Landscape Architects v. Bostick

  • 211 So. 3d 825
  • 2016 Ala. LEXIS 41
  • 2016 WL 1171763
Court
Supreme Court of Alabama
Filed
Mar 25, 2016
Status
Published
Author
Bryan
On the bench
Bolin, Bryan, Main, Moore, Murdock, Parker, Shaw, Stuart
Cited by
2 cases
Authority
More cited than 17.5%

The opinion

BRYAN, Justice

(dissenting).

I respectfully dissent. The main opinion concludes that the Alabama Board of Examiners of Landscape Architects (“the Board”) lacked the authority to discipline Chad Bostick, a landscape architect. The opinion bases that conclusion on its rationale that Bostick’s actions did not occur while he was engaged in the practice of landscape architecture. I disagree. The Board disciplined Bostick for the unauthorized receipt and retention of payments for his landscape-architecture services. Bos-tick was engaged in the practice of landscape architecture when he received and retained those payments. The receipt and retention of payments is squarely part of Bostick’s job and is subject to scrutiny by the Board. “Regulatory statutes governing professions are to be liberally construed to protect the public.” Madasu v. State Bd. of Dental Exam’rs, 962 So.2d 215, 218-19 (Ala.Civ.App.2005). That purpose would be fully served by construing the statutes regulating the practice of landscape architecture to allow the Board to discipline Bostick’s actions, which resulted in allegations of fraud, deceit, and willful misconduct in regard to an aspect of Bostick’s job as a landscape architect. This is true regardless of any civil or criminal case that may arise from these facts; the potential for such a case does not preclude the administrative proceeding here.

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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