Case law

Board of Adjustment v. Matranga, Hess & Sullivan

51 Ala. App. 154 · Court of Civil Appeals of Alabama · Sep 28, 1973

Standing as a “person aggrieved” was discussed by the Supreme Court in the case of Arant v. Board of Adjustment of the City of Montgomery, 271 Ala. 600 , 126 So.2d 100 . … However, language used by the court in distinguishing the facts in the case from those in Arrow Transportation Co. v.

Birmingham City Board of Education v. Hawkins

48 So. 3d 638 · Court of Civil Appeals of Alabama · Dec 18, 2009

of Educ. v. … Howell v. Woodlin School Dist. R-104, 198 Colo. 40, 45-46 , 596 P.2d 56, 60 (1979); accord Slochower v. Board of Educ., 350 U.S. 551 , 76 S.Ct. 637 , 100 L.Ed. 692 (1956); see also deKoevend v.

Childers v. Morgan County Board of Education

465 So. 2d 428 · Court of Civil Appeals of Alabama · Feb 6, 1985

Martin v. City of Trussville, 376 So.2d 1089 (Ala.Civ.App.), writ denied, 376 So.2d 1095 (Ala.1979). … Baggett v. Webb, 46 Ala.App. 666 , 248 So.2d 275 , writ denied, 287 Ala. 725 , 248 So.2d 284 (1971).

Scroggins v. Alabama State Board of Pharmacy

51 Ala. App. 104 · Court of Civil Appeals of Alabama · Sep 19, 1973

Purvis v. Ennis, 258 Ala. 174 , 61 So.2d 451 . … Clark v. Hudson, 265 Ala. 630 , 93 So.2d 138 .

Water Works Board of Birmingham v. Isom

56 So. 3d 659 · Court of Civil Appeals of Alabama · Aug 27, 2010

See Premdor Corp. v. … See Health-Tex, Inc. v.

Brown v. Alfa Mutual Insurance

727 So. 2d 95 · Court of Civil Appeals of Alabama · Jan 30, 1998

I write specially to add that even were we to agree with Brown that the trial court erroneously instructed the jury concerning the burden of proof for assessment of punitive damages, any such error would not, pursuant to … McCullough v. Louisville & N.R.R., 396 So.2d 683, 685 (Ala.1981).

State Home Builders Licensure Board v. Butler

706 So. 2d 1267 · Court of Civil Appeals of Alabama · Dec 5, 1997

The Board appealed, following the court’s denial of its post-judgment motion. … Alabama Renal Stone, Institute, Inc. v. Trustees of Susie Parker Stringfellow Memorial Hospital, 680 So.2d 358 (Ala.Civ.App.1996).

Jackson v. Alabama Board of Adjustment

160 So. 3d 821 · Court of Civil Appeals of Alabama · Aug 29, 2014

Hawkins v. Board of Adjustment, 242 Ala. 547, 548 , 7 So.2d 775, 776-77 (1942). … Supreme Court’s decision in Belcher v. Jefferson County Board of Education, 474 So.2d 1063 (Ala.1985), requires that the Board conduct hearings on their claims.

City of Dothan Personnel Board v. Harrison

791 So. 2d 348 · Court of Civil Appeals of Alabama · Sep 25, 1998

Harrison and Shelley appealed the Board’s decision to the circuit court, which remanded the matter to the Board, finding: “[S]ubstantial evidence was presented to show that the City of Dothan violated its Personnel Rules … If we conclude that substantial evidence existed to support the Board’s decision, we must uphold it. City of Dothan Personnel Bd. v. Herring, 612 So.2d 1231 (Ala.Civ.App.1992).

Johnston v. State Personnel Board of Alabama

447 So. 2d 752 · Court of Civil Appeals of Alabama · Dec 7, 1983

Both parties agree with our previous holdings in Stewart v. Hilyer, 376 So.2d 727 (Ala.Civ.App.1979), and Hilyer v. … Our review of a denial of certiorari in cases of this nature is limited to a determination of whether there was any legal evidence before the Board to sustain its findings. Roberson v.

Bartlett v. Alabama Alcoholic Beverage Control Board

683 So. 2d 947 · Court of Civil Appeals of Alabama · Jun 24, 1994

Wilkinson v. Murphy, 237 Ala. 332 , 186 So. 487 (1939). … Rippe v. Becker, 56 Minn. 100, 111-112 ; 57 N.W. 331 [ (1894) ].

Etowah County Board of Education v. Smith

584 So. 2d 526 · Court of Civil Appeals of Alabama · Dec 19, 1990

Christine Smith filed a complaint against the Etowah County Board of Education (board), contending that she was not being paid the correct salary according to the board’s policies and the provisions of a public education … See Dais v. Mobile County Bd. of School Comm’rs, 531 So.2d 1222 (Ala.Civ.App.1987); Belcher v. Jefferson County Bd. of Education, 474 So.2d 1063 (Ala.1985).

Board of Zoning Adjus. v. Dauphin Upham

688 So. 2d 823 · Court of Civil Appeals of Alabama · Dec 6, 1996

See Board of Adjustment of the City of Mobile v. Murphy, 591 So.2d 505, 507 (Ala.Civ.App.1991); Board of Adjustment of the City of Mobile v. Pierce, 512 So.2d 107, 108 (Ala.Civ.App.1987). … Compare Board of Adjustment of the City of Mobile v.

Alston v. Personnel Board of Mobile County

523 So. 2d 456 · Court of Civil Appeals of Alabama · Mar 23, 1988

An employee of the Mobile Housing Board (employer) has appealed from a circuit court judgment which affirmed his dismissal by the Personnel Board of Mobile County (Board). … City of Mobile v. Seals, 471 So.2d 431 (Ala.Civ.App.1985). After a review of the record of the Board, we conclude that substantial evidence supported its decision.

Maumenee v. Fairhope Board of Adjustment & Appeals

567 So. 2d 1351 · Court of Civil Appeals of Alabama · Oct 4, 1989

The circuit court is without jurisdiction to try and decide issues not raised before the board. Board of Zoning Adjustment v. Warren, 366 So.2d 1125 (Ala.1979); City of Mobile v. … See, Lindquist v. Jefferson County Board of Adjustment, 490 So.2d 16 (Ala.Civ.App.1986).

Monroe County Board of Education v. K.B.

62 So. 3d 513 · Court of Civil Appeals of Alabama · Sep 17, 2010

“A board of education must comply with the policies it adopts. Belcher v. Jefferson County Bd. of Educ., 474 So.2d 1068, 1068 (Ala.1985). … The authority vested in school boards and officials to maintain order and discipline in school must be exercised within constitutional bounds.” Dothan City Bd. of Educ. v.

Murphy v. Madison City Board of Education

42 So. 3d 124 · Court of Civil Appeals of Alabama · Jan 8, 2010

Wright v. Wright, 654 So.2d 542 (Ala.1995); Rule 56(c), Ala. R. Civ. P. … Wilma Corp. v. Fleming Foods of Ala *126 bama, Inc., 613 So.2d 359 (Ala.1993); Hammers v. Balfour Guthrie, Inc., 564 So.2d 412, 413 (Ala.1990).” Hobson v. American Cast Iron Pipe Co., 690 So.2d 341, 344 (Ala.1997).

Green v. Etowah County Board of Education

689 So. 2d 835 · Court of Civil Appeals of Alabama · Aug 18, 1995

Carter v. Baldwin County Board of Education, 532 So.2d 1017 (Ala.Civ.App.1988), and Ledbetter v. Jackson County Board of Education, 508 So.2d 244 (Ala.1987). … Furthermore, in Turner v.

Madison County Board of Education v. Wilson

70 So. 3d 335 · Court of Civil Appeals of Alabama · Dec 30, 2009

In April 2005, the Madison County Board of Education (“the Board”) terminated the employment of Wilson, a tenured teacher employed by the Board. … Madison County Bd. of Educ. v. Wilson, 984 So.2d 1153 (Ala.Civ.App.2006) (“Wilson I ”).

Henderson v. MONTGOMERY CITY-COUNTY PERSONNEL BOARD

695 So. 2d 9 · Court of Civil Appeals of Alabama · Oct 18, 1996

Board of Water Sewer Comm'rs v. Smith , 591 So.2d 521 (Ala.Civ.App. 1991). The trial court properly applied the standard of review. … We, therefore, conclude, as did the trial court, that there was "substantial evidence" to support the Board's decision. See City of Mobile v. Mills , 500 So.2d 20 (Ala.Civ.App. 1986), Creagh v.