No ordinance shall be passed by any municipal corporation under the authority of this article unless and until the municipal governing body has complied with the procedures set forth in either subdivision (1) or subdivision (2) of this section.
(1) Prior to adoption, the proposed ordinance shall be published in full for one insertion and an additional insertion of a synopsis of the proposed ordinance, one week after the first insertion, which synopsis shall refer to the date and name of the newspaper in which the proposed ordinance was first published; both such insertions shall be at least 15 days in advance of its passage and in a newspaper of general circulation published within the municipality, or, if there is no such newspaper, then by posting the proposed ordinance in four conspicuous places within the municipality, together with a notice stating the time and place that the ordinance is to be considered by the municipal legislative authorities and stating further that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such ordinance.
(2) Prior to adoption, notice that an ordinance will be considered shall be published for three consecutive weeks in a newspaper of general circulation in the county. The notice shall include the following information:
a. A provision that an ordinance proposing to zone or rezone property will be considered by the municipal governing body pursuant to this section and that a copy of the proposed ordinance is available for public inspection at the city or town hall;
b. The location of the city or town hall;
c. A map showing the location of the property;
d. A general description of the property proposed to be zoned or rezoned including the common name by which the property is known; and
e. The time and place where all persons may be heard in opposition to or in favor of the ordinance.
The notice required by this subdivision shall be published in the legal section of the publication in standard form. In addition, the same notice shall also be published one time in the regular section of the newspaper which notice shall be in the form of at least a one-quarter page advertisement.
(3) No such ordinance shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.
(Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §778; Acts 1964, 1st Ex. Sess., No. 252, p. 348, §2; Acts 1981, 3rd Ex. Sess., No. 81-1191, p. 524, §2; Acts 1995, No. 95-395, p. 806, §1.)
Notes of Decisions
Gibbons v. Town of Vincent, 124 So. 3d 723 (Ala. 2012).
· cites it 11× “5 of the zoning code void *727 ab initio; specifically, Gibbons alleged that the Town did not meet the notice requirements of § 11-52-77, Ala.Code 1975, before adopting the 2009 amendment.”
City of Mobile v. Cardinal Woods Apts., Ltd., 727 So. 2d 48 (Ala. 1999).
· cites it 6× “[Ala.Code 1975, §§ 11-52-77, and -78]. 1 JCC intervened in the action as a defendant, on the ground that it had leased the JCC property to Roadhouse Grill,.”
Town of Stevenson v. Selby, 839 So. 2d 647 (Ala. Civ. App. 2001).
· cites it 6× “He then brought a declaratory judgment action in the circuit court against the Town, arguing that the Town’s zoning ordinance was invalid because the Town had not complied with the notice provisions of Ala. Code 1975, §§ 11-52-77 and -78. The trial court held that the ordinance…”
Carney v. City of Daphne, 504 So. 2d 295 (Ala. Civ. App. 1986).
· cites it 4× “They contend that the procedural requirements set out in §§ 11-52-77, -78 of the Code of Alabama 1975, which govern the adoption of ordinances and their amendment by municipalities, were not followed.”
Speakman v. City of Cullman, 829 So. 2d 176 (Ala. Civ. App. 2002).
· cites it 8× “The plaintiffs argue that the second notice published on March 21, 2000, did not comply with § 11-52-77 and § 110.3(b) of the Cullman Zoning Ordinance.”
City of Prattville v. S & M Concrete, LLC, 151 So. 3d 295 (Ala. Civ. App. 2013).
“However, Duke further explained that he and the city attorney, while researching the history of the property in preparation for this action, discovered that the notice requirements promulgated in § 11-52-77(2), Ala. Code 1975, were not followed when that ordinance rezoning the…”
Caton v. City of Thorsby, 855 So. 2d 1057 (Ala. 2003).
· cites it 15× “The delay between the first meeting, where Catón addressed the [zoning] [Commission, and the scheduling of the next meeting for a vote on the request, was the result of the [zoning] [Commission’s complying with the notice requirement of § 11-52-77 of the Alabama Code 1975. That…”
The Advantage of Advert., LLC v. City of Opelika, Alabama (M.D. Ala. 2023).
· cites it 8× “Advantage brings this suit challenging the application denials, claiming violations of its First Amendment free speech and Fourteenth Amendment equal protection rights, as well as violations of state free speech laws and Alabama Code § 11-52-77 (creating procedures for a…”
Bedingfield v. Mooresville Town Council, 782 So. 2d 290 (Ala. 2000).
· cites it 12× “(Bedingfield group), petitioned this Court for a writ of certiorari for review of the decision of the Court of Civil Appeals affirming an adverse summary judgment and applying a substantial-compliance analysis to the zoning-ordinance notice requirements of §§ 11-52-77 and…”
Holland v. City of Alabaster, 595 So. 2d 483 (Ala. Civ. App. 1991).
· cites it 5× “Holland contends that the City failed to give notice of the Council meeting in accordance with § 11-52-77, Ala.Code 1975, which provides, in pertinent part, as follows: “No ordinance shall be passed by any municipal corporation under the authority of this article unless and…”
Ala. Code § 11-52-77(1): 2 cases
Gibbons v. Town of Vincent, 124 So. 3d 723 (Ala. 2012).
“5 of the zoning code void *727 ab initio; specifically, Gibbons alleged that the Town did not meet the notice requirements of § 11-52-77, Ala.Code 1975, before adopting the 2009 amendment.”
Speakman v. City of Cullman, 829 So. 2d 176 (Ala. Civ. App. 2002).
“The plaintiffs argue that the second notice published on March 21, 2000, did not comply with § 11-52-77 and § 110.3(b) of the Cullman Zoning Ordinance.”
Ala. Code § 11-52-77(2): 1 case
City of Prattville v. S & M Concrete, LLC, 151 So. 3d 295 (Ala. Civ. App. 2013).
“However, Duke further explained that he and the city attorney, while researching the history of the property in preparation for this action, discovered that the notice requirements promulgated in § 11-52-77(2), Ala. Code 1975, were not followed when that ordinance rezoning the…”
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