Opinion

Ex Parte Duncan

  • 1 So. 3d 15
  • 2008 WL 1068261
Court
Supreme Court of Alabama
Filed
Apr 11, 2008
Status
Published
Author
Parker
On the bench
Cobb, Parker
Cited by
2 cases
Authority
More cited than 15.0%

The opinion

Roy Duncan and Air Flow Awning Company, Inc., sought certiorari review of the Court of Civil Appeals' no-opinion affirmance, 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 .

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.