From Casetext: Smarter Legal Research

Ex Parte Parrish

Supreme Court of Alabama
Aug 17, 1990
581 So. 2d 1100 (Ala. 1990)

Opinion

89-459.

August 17, 1990.

Petition for writ of Certiorari to the Court of Civil Appeals (Civ. 7230). Appeal from the Circuit Court, Mobile County, No. CV-88-000695, Edward B. McDermott, Judge.

Peter F. Burns and Randall W. Nichols of Burns Mackey, Mobile, for petitioner.

Mylan R. Engel and Edgar P. Walsh, Mobile, for respondent.


We granted review of the Court of Civil Appeals' decision affirming the trial court's judgment that rejected the landowner's challenge to the City of Bayou La Batre's right of condemnation of an easement across her property for the construction of a sewer line. After careful consideration of the respective contentions of the parties, we affirm conditionally that portion of the judgment of the Court of Civil Appeals that upholds the City's right to condemn the property in question.

We remand the cause, however, for further consideration of the landowner's challenge to the City's constitutional right to convey title to the sewer addition to the principal user of the new facility. Stated otherwise, the Court of Civil Appeals is instructed to consider whether the City's exercise of the right of condemnation, under the facts of this case, is constitutionally repugnant to the exercise of its right to convey to a private entity a public facility the construction of which forms the legal basis for the City's right of condemnation.

AFFIRMED CONDITIONALLY AND REMANDED WITH INSTRUCTIONS.

HORNSBY, C.J., and JONES, ALMON, ADAMS, HOUSTON, STEAGALL and KENNEDY, JJ., concur.


Summaries of

Ex Parte Parrish

Supreme Court of Alabama
Aug 17, 1990
581 So. 2d 1100 (Ala. 1990)
Case details for

Ex Parte Parrish

Case Details

Full title:Ex parte Rosemary PARRISH. (Re Rosemary PARRISH v. CITY OF BAYOU LA BATRE)

Court:Supreme Court of Alabama

Date published: Aug 17, 1990

Citations

581 So. 2d 1100 (Ala. 1990)

Citing Cases

Parrish v. City of Bayou La Batre

The prior judgment of this court dated October 25, 1989, has been affirmed conditionally and the case…