# Willis v. University of North Alabama

> Supreme Court of Alabama · January 18, 2002 · 826 So. 2d 118

URL: https://www.frixlaw.com/law-library/cases/9937018

## Case

- **Full name:** Donald Willis v. University of North Alabama.
- **Court:** Supreme Court of Alabama
- **Decided:** January 18, 2002
- **Citations:** 826 So. 2d 118; 2002 Ala. LEXIS 14; 2002 WL 64623
- **Precedential status:** Published
- **Opinion:** Concurrence by Woodall
- **Judges:** Houston, Johnstone, Woodall
- **Cited by:** 6 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/9937018

## How later opinions describe it (automated extraction)

- explaining that under the Alabama Constitution, courts do not have subject-matter jurisdiction over claims against the state
- affirming a summary judgment in favor of two of the three appellees because, on appeal, the appellant presented argument challenging only one of the two grounds upon which those ap-pellees had based their summary-judgment motion
- holding that an inverse-condemnation claim requires a physical taking of property

## Opinion text

I concur, because I am convinced that the absence of any direct physical injury to Willis's property precludes his inverse-condemnation action claiming compensation under § 23 of the Constitution of Alabama of 1901. To the extent that Foreman v . State , 676 So.2d 303
(Ala. 1995), and Barber v. State , 703 So.2d 314 (Ala. 1997), held that no direct physical injury was required to support such a claim, I agree that those cases should be overruled. However, it must be noted that both of those cases involved property that had been physically damaged by the State's construction activities.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9937018. Public record. Not legal advice.