Opinion

Chandler v. City of Vestavia Hills Planning & Zoning Commission

  • 959 So. 2d 1124
  • 2006 Ala. Civ. App. LEXIS 634
  • 2006 WL 2987934
Court
Court of Civil Appeals of Alabama
Filed
Oct 20, 2006
Status
Published
Author
Bryan
On the bench
Crawley, Bryan, Thompson, Murdock
Cited by
3 cases
Authority
More cited than 1.1%

The opinion

BRYAN, Judge,

concurring in the result.

I concur in the result. I agree with the main opinion that the Commission’s denial of the Chandlers’ subdivision proposal was not arbitrary, capricious, or made without complying with applicable law. In so doing, I conclude that the opinion of the city’s attorney, which the Commission adopted in its decision, was not arbitrary, capricious, or made without complying with applicable law. The main opinion states: “The Commission’s denial of the requested subdivision can hardly be called ‘ “ ‘arbitrary or capricious or ... not made in compliance with applicable law,’ ” ’ [Mobile City Planning Comm’n v.] Stanley, 775 So.2d [226] at 228 [ (Ala.Civ.App.2000) ], when the Commission based its denial of the subdivision on an opinion from the city attorney....” However, an administrative body’s reliance on an attorney’s opinion will not necessarily preclude a finding on appeal that the administrative body has acted arbitrarily, capriciously, or illegally. If an attorney recommends actions that are arbitrary, capricious, or illegal, an administrative body that merely adopts such recommended actions acts arbitrarily, capriciously, or illegally.

Additionally, to the extent that the main opinion may be read as suggesting that an attorney’s opinion, adopted by an administrative body, may be considered as evidence indicating that the administrative body did not act arbitrarily, capriciously, or illegally, I note that “[t]he unsworn statements, factual assertions, and arguments of counsel are not evidence.” Ex parte Russell, 911 So.2d 719, 725 (Ala.Civ.App.2005). See also Singley v. Bentley, 782 So.2d 799, 803 (Ala.Civ.App.2000) (“[T]he unsworn statements of counsel are not considered evidence. American Nat’l Bank & Trust Co. v. Long, 281 Ala. 654 , 207 So.2d 129 (1968).”); and Bamberg v. Bamberg, 441 So.2d 970, 971 (Ala.Civ.App.1983) (stating that arguments of counsel are not evidence that will justify a preliminary injunction). Although an attorney’s opinion may assist an administrative body in reaching its decision, that opinion in and of itself is not evidence to support the administrative body’s decision.

THOMPSON and MURDOCK, JJ., concur.

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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