Opinion

Fulmer v. Board of Zoning Adjustment of Hueytown

  • 286 Ala. 667
  • 244 So. 2d 797
  • 1971 Ala. LEXIS 852
Court
Supreme Court of Alabama
Filed
Feb 25, 1971
Status
Published
Author
Heflin
On the bench
Lawson, Merrill, Harwood, Heflin, Maddox
Cited by
4 cases

concurring opinion of Chief Justice Heflin

How later courts described this case

  • concurring opinion of Chief Justice Heflin

Written by the judges who cited it.

The opinion

HEFLIN, Chief Justice

(concurring specially) .

I concur that the cause should be reversed and remanded.

Section 783 of Title 37, Code of Alabama, is as follows:

“Any party aggrieved by any final judgment or decision of such board of zoning adjustment, may within fifteen days thereafter appeal therefrom to the circuit court or court of like jurisdiction, by filing with such board a written notice of appeal specifying the judgment or decision from which appeal is taken. In case of such appeal such board shall cause a transcript of the proceedings in the cause to be certified to the court to which the appeal is taken and the cause in such court be tried de novo.”

It is my opinion that one of the reasons for the requirement that a transcript of the proceedings before said board be certified to the court is to inform the court of the issues involved. Since any ordinance which is not judicially noticed would have to be properly introduced in evidence before the court on the de novo trial, it is my opinion that its introduction suffices even if a verbatim copy of the ordinance is omitted from the transcript of the proceedings before said board.

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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