Valley Road Action Committee, et al. v. Lauderdale County Bd. Of Supervisors
| Docket Number: | 2011-CA-00364-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2012 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Abandonment of public road - Standing - Substantial evidence - Section 65-7-121(1)(d) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ. Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 01-31-2011 Appealed from: Lauderdale County Circuit Court Judge: Lester F. Williamson, Jr. Disposition: AFFIRMED BOARD OF SUPERVISORS’ PARTIAL CLOSING OF VALLEY ROAD Case Number: 10-CV-064(W) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Valley Road Action Committee, An Unincorporated Association, Andy Smith, Rev. Sam Thompson, James Mathis, Charles Whitlock and Randy Guttery |
ROBERT M. LOGAN JR. |
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| Appellee: | Lauderdale County Board of Supervisors | LEE THAGGARD ANDREW WARREN IMPASTATO |
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| Topic: | Real property - Abandonment of public road - Standing - Substantial evidence - Section 65-7-121(1)(d) |
| Summary of the Facts: | The Lauderdale County Board of Supervisors voted in favor of abandoning approximately 1600 feet of Valley Road. Five individuals and the Valley Road Action Committee appealed the Board’s decision to circuit court, which affirmed. The Committee appeals, and the Board cross-appeals. |
| Summary of Opinion Analysis: | Issue 1: Standing The Board argues that the Committee does not have standing. Parties have standing to sue when they assert a colorable interest in the subject matter of the litigation or experience an adverse effect from the conduct of the defendant, or as otherwise provided by law. To establish standing on grounds of experiencing an adverse effect from the conduct of the defendant/appellee, the adverse effect experienced must be different from the adverse effect experienced by the general public. In this case, the Committee would suffer an adverse effect different from that of the general public. As found by the chancellor, “the members of this association would be daily affected by the closure, as opposed to other members of the general public who occasionally travel this portion of Valley Road.” Therefore, the Committee has standing. Issue 2: Substantial evidence Section 65-7-121(1) sets forth the requirements for a county board of supervisors to close, vacate, or abandon a public road. In this case, the Board voted to close Valley Road under subsection (d) which provides that “[f]or any reason, the public interest or convenience does not require the section to remain open to the public or that it is in the public interest or convenience to close, vacate and abandon the section.” The minutes reflect that the Board’s reasoning for closing the road was primarily due to safety concerns of the public, Atlas employees, and vendors. Thus, the Board’s decision to close a portion of Valley Road was supported by substantial evidence. |
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