Cases

MEMORANDUM OPINION AND ORDER TAMARA O. MITCHELL, Bankruptcy Judge. This adversary proceeding came before the Court on July 23, 2014, for trial on the complaint to determine dischargeability of a debt filed by Dr. Maria Wellman Perry. Appearing before the Court were Debt- or/Plaintiff Dr. Maria Wellman Perry; Oscar W. Adams, III, counsel for Dr. Perry; Sheryl Walker, Senior Auditor for Defendant

Barry Perry appeals the summary judgment entered in favor of the City of Birmingham on the ground of his failure to notify the City of his claim as required by law. We affirm. On July 28, 2003, Perry sued the City of Birmingham for negligently maintaining the sidewalk outside the Social Security office. He alleged that, on October 28, 2002, he suffered injuries when his wheelchair overturned as a result of a defect in the sidewalk. The City moved to dismiss or, in the alternati

552 F.Supp.2d 1302 (2008) Julie Best GRIMES, etc. Plaintiff, v. RAVE MOTION PICTURES BIRMINGHAM, L.L.C., et al., Defendants. Bobbie Harris, etc., Plaintiff, v. Mexican Speciality Foods, Inc., d/b/a La Paz Restaurante & Cantina, Defendant. Edmund Rush, etc., Plaintiff, v. Hooters of East Birmingham, Defendant. William C. Floyd, etc. Plaintiff, v. Express Oil Change, L.L.C., Defendant. C

Rel: December 8, 2023 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is published in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS OCTOBER TE

This is an appeal from the denial of a motion by the plaintiff, the Water Works and Sewer Board of the City of Birmingham (hereinafter "the Board"), to enjoin Shelby County from operating an interim waste water treatment facility on Hugh Daniel Drive. The facility itself is located in the watershed of Lake Purdy, which provides 40%-60% of the water for Birmingham residents; however, the discharge of effluents is outside the watershed. The Board contends that Shelby County is op

L. Scott Coogler, United States District Judge *1256MEMORANDUM OF OPINION I. INTRODUCTION This case addresses the voting rights claims of Plaintiffs Greater Birmingham Ministries, the Alabama State Conference of the National Association for the Advancement of Colored People ("the Alabama NAAC

MEMORANDUM OF OPINION L. SCOTT COOGLER, UNITED STATES DISTRICT JUDGE “No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live.” Wesberry v. Sanders, 376 U.S. 1, 17, 84 S.Ct. 526, 11 L.Ed.2d 481 (1964). The constitutional right to vote no doubt means that every individual who wishes to cast a

70 F.Supp.2d 353 (1999) William BIRMINGHAM, Plaintiff, v. Louis C. OGDEN, individually, and The City of Middletown, New York, Defendants. No. 97 Civ. 8057(CM). United States District Court, S.D. New York. October 8, 1999. *354 *355 *356 Jonathan Lovett, Lov

PER CURIAM. The City of Muscle Shoals ("the City") petitions for a writ of mandamus directing the Colbert Circuit Court to vacate its denial of the City's motion for a summary judgment as to claims asserted against it by Reginald M. Harden stemming from injuries Harden sustained from falling *852through a grate at Gattman Park, a City-owned par

MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, United States District Judge I. INTRODUCTION AND PROCEDURAL HISTORY On January 8, 2016, Plaintiff Josh Dogg-rell (“Mr. Doggrell”) initiated this lawsuit in the Circuit Court ,of Calhoun County against the City of Anniston (the “City”) and Brian Johnson, individually and in his official capacity as the City Manager (“City Manager Johnson”).

MEMORANDUM OPINION AND ORDER VIRGINIA EMERSON HOPKINS, United States District Judge I. INTRODUCTION Plaintiff Heath Jones (“Mr. Jones”) initiated this retaliatory discharge case arising under Title VII of the Civil Rights Act of 1964 against Defendant City of Heflin (the “City”) on March 17, 2014. (Doc. 1). Mr. Jones claims in his lawsuit that the City fired him as a police officer

On Second Application for Rehearing PITTMAN, Judge. This court’s opinion of March 9, 2012, is withdrawn, and the following is substituted therefor. James M. Perry appeals from a summary judgment in favor of the Federal National Mortgage Association (“Fannie Mae”) in an ejectment action. We affirm. Facts and Procedural History

*1270 MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON, Senior District Judge. I. INTRODUCTION This case is before the court on three Motions for Summary Judgment filed by Defendants Alabama Alcoholic Beverage Control Board (“ABC Board” or “Board”), Jeff Rogers, and Jean Turner on June 28, 2013. The Plaintif

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION Re: Dkt. Nos. 10, 10-23 EDWARD J. DAVILA, United States District Judge Plaintiff Donald Harman brings this civil rights action under 42 U.S.C. § 1983 against the City of Santa Cruz, as well as Police Chief Kevin Vogel, Lieutenant Warren Barry, Sergeant Carter Jones, and Officer Ian Burnham (col

PIERCE, Justice, for the Court: ¶ 1. The Lee County Chancery Court entered a decree approving and ratifying, with modifications, an annexation ordinance adopted by the City of Tupelo, Mississippi. Notices of appeal were filed by Lee County, Mississippi; the Belden Fire Protection District, the Palmetto-Old Union Fire Protection District, the Unity Fire Protection District (collectively the Fire Protection Di

MEMORANDUM OPINION WILLIAM M. ACKER, JR., District Judge. Plaintiff, Julie Best Grimes (“Grimes”), individually and on behalf of a putative class of similarly situated persons, moves for certification of the above-entitled action as a class action. She alleges violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et seq., as amended by the Fair and Accurate Credit Transa

MEMORANDUM RULING PATRICIA MINALDI, District Judge. Before the court is the Motion for Summary Judgment Based on Qualified Immunity [Doc. 23], filed by the City of Sulphur, Lewis Coats, Chief of Police for the City of Sulphur, Officer Chester Gremillion and *632Officer Glenn Martin (defendants), to which the pro se

PER CURIAM: After we vacated our earlier opinion, we ordered supplemental briefs from the parties. We now substitute this opinion for our earlier one. The issue in this appeal is whether a complaint of sex discrimination regarding the hiring of a truck driver for Perry County, Alabama, survives summary judgment when the applicant, Viola Underwood, failed to establish that a male was hired for the position

THOMAS, Judge. Brazelton Properties, Inc., d/b/a Plush Horse ("Brazelton"), appeals a summary judgment entered by the Madison Circuit Court in favor of the City of Huntsville ("the city"). We dismiss the appeal. Background Brazelton owns certain real property located within the geographical limits of the city ("the property") on which businesses such as dinner theaters, entertainment venues,

ORDER ROBERT L. PITMAN, District Judge. Before the Court are Plaintiffs’ Motion for Preliminary Injunction, filed May 11, 2015 (Clerk’s Dkt. # 7), Memorandum of Points and Authorities in Support of Plaintiffs’ Motion for Preliminary Injunction, filed May 11, 2015 (Clerk’s Dkt. # 8) and the responsive pleadings thereto. The Court conducted a hearing on the motion on July 6, 2015. Having considere