Town of Pike Road v. City of Montgomery

Summary

The Alabama Supreme Court held that an appeal concerning competing annexations by the Town of Pike Road and the City of Montgomery was premature because the validity of an earlier annexation by the City remained pending in circuit court. The court granted rehearing, withdrew and substituted its prior opinion, and stayed the appeal until the circuit court entered a final judgment.

Holdings

1. The appeal was premature because its outcome depended on issues, including the validity of the City's April 2005 annexation, that remained pending in the circuit court; the appeal was therefore stayed pending entry of a final judgment in that action.
2. As a general rule, the Court does not consider matters raised for the first time in an application for rehearing.

Questions Presented

1. Whether the appeal concerning the priority of competing annexations could be decided before the Montgomery County Circuit Court resolved the validity of the City's earlier April 2005 annexation.
2. Whether the Court should consider matters disclosed for the first time in an application for rehearing.

Disposition

other