concluding that a post-secondary institution was excluded from the coverage of the AAPA by the definition of "agency" in § 41-22-3(1) and citing the commentary to § 41-22-3 providing that the AAPA does not apply "to schools, counties, cities or their agencies"
How later courts described this case
- concluding that a post-secondary institution was excluded from the coverage of the AAPA by the definition of "agency" in § 41-22-3(1) and citing the commentary to § 41-22-3 providing that the AAPA does not apply "to schools, counties, cities or their agencies"
Written by the judges who cited it.
The opinion
For the reasons explained in the review of Jones v. Kennedy , 890 So.2d 975 (Ala. 2004), and Ex parte Alabama Institute for Deaf Blind , 578 So.2d 1308 (Ala. 1991), in Part III of the main opinion, I agree that, at this juncture, Tatum's request to obtain judicial review by means of a common-law writ of certiorari is premature. Furthermore, viewed in the light of that prematurity, the circumstances presented by Tatum do not provide a basis for the declaratory *Page 1224
or injunctive relief requested by Tatum or for the relief she requests by means of a writ of mandamus. It is for this reason that I concur in the result reached by the main opinion.