# Johnson v. Rice

> Supreme Court of Alabama · June 23, 1989 · 551 So. 2d 940

URL: https://www.frixlaw.com/law-library/cases/9933356

## Case

- **Full name:** Keith Johnson v. Frank D. Rice Keith Johnson v. Marshall County Concerned Citizens, an Unincorporated Association. Jlj, Inc. v. Marshall County Concerned Citizens, an Unincorporated Association Jlj, Inc. v. Frank D. Rice
- **Court:** Supreme Court of Alabama
- **Decided:** June 23, 1989
- **Citations:** 551 So. 2d 940; 1989 WL 99055
- **Precedential status:** Published
- **Opinion:** Concurrence by Maddox
- **Judges:** Almon, Almon's, Houston, Issue, Jones, Maddox, Standing, Steagall, Writing
- **Cited by:** 8 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/9933356

## How later opinions describe it (automated extraction)

- explaining that the basis for the rule that two parcels of land on opposite sides of a public road are contiguous “rests most comfortably upon a common sense recognition and understanding of what is necessary for the proper and efficient functioning of city government” (emphas…

## Opinion text

All of the annexations in this case were based on the authority of City of Tuskegee v. Lacey , 486 So.2d 393 (Ala. 1985), not on the authority of City of Dothan v. Dale County Comm'n , 295 Ala. 131 , 324 So.2d 772 (1975). I am of the opinion that (except for the one annexation approved) the properties annexed were not contiguous; as I understand the facts, the city attempted to meet the "contiguity" requirement in those annexations only by using a public way, which the law does not permit.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9933356. Public record. Not legal advice.
