# Ex Parte Fields

> Supreme Court of Alabama · June 3, 1983 · 432 So. 2d 1290

URL: https://www.frixlaw.com/law-library/cases/9932487

## Case

- **Full name:** Ex Parte Jimmy D. Fields, Don Reid, Felix Rainey, Mildred Wright, Don Burchfield, and Oak Grove First Baptist Church, Inc. (In Re Jimmy D. Fields v. Jefferson County Planning and Zoning Commission)
- **Court:** Supreme Court of Alabama
- **Decided:** June 3, 1983
- **Citations:** 432 So. 2d 1290
- **Precedential status:** Published
- **Opinion:** Dissent by Jones
- **Judges:** Adams, Jones
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9932487

## Opinion text

I respectfully dissent. How can the situs of the County Planning and Zoning Commission hearing establish jurisdiction as between the Birmingham and Bessemer Divisions of Jefferson County? The pertinent question is: What is the subject matter of the litigation? In my opinion, the answer — *Page 1294
the zoning of real property located exclusively within the Bessemer cut-off — is determinative of the jurisdiction under the local act creating a Bessemer Division. The cause of action arose where the land is situated and not in the hearing room of the Planning and Zoning Commission. See my dissent in Mead Corporation v. City of Birmingham , 295 Ala. 14 , 321 So.2d 655
(1975).
ALMON, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9932487. Public record. Not legal advice.