Murry v. City of Abbeville

Summary

The Supreme Court of Alabama held that the Alabama Home Builders Licensure Act applied to municipalities located within a county that had elected to be covered by the Act. The court reversed the summary judgment entered for the City of Abbeville and remanded the case for further proceedings, concluding that the statutory exemption for county building laws and codes did not exempt municipalities from the Act's licensing requirements.

Holdings

1. A municipality located within a county that has elected to be covered by the Alabama Home Builders Licensure Law is subject to the Act; the reference in § 34-14A-12 to county building laws and codes does not exempt municipalities from the Act itself.
2. Summary judgment for the City was improper because the City was not entitled to judgment as a matter of law on the ground that the Act did not apply to it.

Questions Presented

1. Whether municipalities located within a county that has elected to be covered by the Alabama Home Builders Licensure Law are subject to the Act even though the Act provides that county building laws and codes do not apply within a municipality without the municipality's express consent.
2. Whether summary judgment for the City was proper on the undisputed facts and the statutory-interpretation issue.

Disposition

reversed_and_remanded