Summary
The Alabama Court of Civil Appeals considers whether Dallas County’s construction and operation of an emergency communications tower at the county courthouse was subject to Selma zoning and historic-preservation ordinances. The court holds that the governmental/proprietary-function distinction remains applicable to zoning immunity and concludes that the tower served a governmental function related to emergency management and homeland security. The trial court’s summary judgment for Dallas County was affirmed.
Holdings
- Jackson v. City of Florence did not abrogate the governmental-function/proprietary-function distinction for purposes of determining whether zoning ordinances may be applied to political subdivisions.
- The construction and operation of Dallas County's interoperable emergency communications tower was a governmental function and therefore was not subject to Selma's zoning ordinances.
- The communications tower was not a public utility or private enterprise within the meaning of article I, section 220, so Selma's consent was not required.
Questions Presented
- Whether the governmental-function/proprietary-function distinction remained applicable for determining whether municipal zoning ordinances could be enforced against a political subdivision after Jackson v. City of Florence.
- Whether Dallas County's construction and operation of an interoperable emergency communications tower constituted a governmental function immune from Selma's zoning ordinances.
- Whether the communications tower was a public utility or private enterprise subject to Alabama Constitution article I, section 220 and therefore required Selma's consent.
Disposition
affirmed
Cases Cited (15)
- Lane v. Zoning Bd. of Talladega, 669 So. 2d 958 (Ala. Civ. App. 1995)(followed)
- City of Birmingham v. Scogin, 269 Ala. 679, 115 So. 2d 505 (1959)(followed)
- Lauderdale County Bd. of Educ. v. Alexander, 269 Ala. 79, 110 So. 2d 911 (1959)(followed)
- Water Works Bd. of Birmingham v. Stephens, 262 Ala. 203, 78 So. 2d 267 (1955)(followed)
- Alabama Alcoholic Beverage Control Bd. v. City of Birmingham, 253 Ala. 402, 44 So. 2d 593 (1950)(followed)
- Cunningham v. City of Attalla, 918 So. 2d 119 (Ala. Civ. App. 2005)(followed)
- Jackson v. City of Florence, 294 Ala. 592, 320 So. 2d 68 (1975)(distinguished)
- Neighbors v. City of Birmingham, 384 So. 2d 113 (Ala. 1980)(followed)
- Pennick v. City of Florala, 529 F.2d 1242 (5th Cir. 1976)(followed)
- Jefferson County v. City of Birmingham, 256 Ala. 436, 55 So. 2d 196 (1951)(followed)
Showing top 10 of 15.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…