Schramm v. Spottswood

Summary

The Alabama Supreme Court affirmed judgments approving pier-construction permits issued to the Spottswoods by the Alabama Department of Conservation and Natural Resources and Baldwin County, despite the permits’ deviation from the applicable 10-foot setback rule. The court held that the agency had a rational basis for permitting the setback exception to avoid unreasonable infringement of the Spottswoods’ common-law riparian right to build out to navigable water, and it affirmed denial of the Spottswoods’ motion to revisit previously established riparian boundaries.

Holdings

1. DCNR Rule 220-4-.09(4)(c)(1) provides a lawful basis for DCNR to grant an exception to the 10-foot setback requirement when strict enforcement would unreasonably infringe upon a traditional common-law riparian right.
2. DCNR's decision to approve the Spottswoods' pier permit despite the setback violation was not arbitrary, capricious, clearly unreasonable, or without a rational basis.
3. The trial court acted within its discretion in denying the Spottswoods' motion to alter, amend, or vacate the prior judgment because the motion sought to relitigate an issue already decided by the trial court and affirmed on appeal.

Questions Presented

1. Whether DCNR's decision to issue the Spottswoods a pier permit allowing construction within the 10-foot riparian setback was arbitrary, capricious, or contrary to applicable law.
2. Whether the trial court abused its discretion by denying the Spottswoods' Rule 59(e) motion filed nearly five years after the judgment establishing their riparian boundaries.

Disposition

affirmed