Code of Alabama
Ala. Code § 11-52-78 (2026)
Amendment, Repeal, Etc., of Regulations, Restrictions, District Boundaries and Ordinances.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
Such regulations, restrictions, and boundaries and ordinances passed under the authority of this article may from time to time be amended, supplemented, changed, modified, or repealed.
The provisions of Section 11-52-77 relative to public hearings and official notices shall apply equally to all changes and amendments.
(Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §779.)
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1986–2025 · leading case: City of Mobile v. Cardinal Woods Apts., Ltd., 727 So. 2d 48 (Ala. 1999).
City of Mobile v. Cardinal Woods Apts., Ltd., 727 So. 2d 48 (Ala. 1999). “” Section 11-52-78 states: “Such regulations, restrictions and boundaries and ordinances passed under the authority of this article may from time to time be amended, supplemented, changed, modified or repealed.”
Town of Stevenson v. Selby, 839 So. 2d 647 (Ala. Civ. App. 2001). “The court has also held that changes to a proposed ordinance made after the first publication are “amendments,” which under § 11-52-78 are also subject to the publication or posting requirements of § 11-52-77.”
Carney v. City of Daphne, 504 So. 2d 295 (Ala. Civ. App. 1986). “Section 11-52-78 allows ordinances passed by a municipality to be amended subject to the provisions of § 11-52-77, which reads in pertinent part as follows: “No ordinance shall be passed by any municipal corporation under the authority of this article unless and until the…”
Speakman v. City of Cullman, 829 So. 2d 176 (Ala. Civ. App. 2002). “e Town Council did not comply with the notice and hearing requirements of § 11-52-77 before it purported to adopt the ordinance with the changed classification of [the] property from ‘residential’ to ‘business,’ the zoning ordinance is invalid for lack of the notice required by…”
Caton v. City of Thorsby, 855 So. 2d 1057 (Ala. 2003). “This Court has required strict compliance with the notice and hearing requirements of § 11-52-77 and that strict compliance requirement extends to § 11-52-78. Kennon, supra, and its progeny.”
Bedingfield v. Mooresville Town Council, 782 So. 2d 290 (Ala. 2000). “The Court of Civil Appeals concluded that “that portion of § 11-52-78 that mandates the application of the notice and hearing requirements governing proposed ordinances to ‘changes and amendments’ to ordinances is not applicable to revisions to a proposed ordinance made at a…”
790 Montclair, LLC v. Birmingham Metro, LLC, No. SC-2024-0810 (Ala. July 3, 2025). “In addition to the statutory notice requirements of § 11-52-77 and § 11-52-78, Ala. Code 1975, the zoning ordinance in that case mandated notice by registered mail to " 'the adjacent property owners of the action pending.”
Campus Crest at Tuscaloosa LLC v. City of Tuscaloosa, No. SC-2025-0020 (Ala. Oct. 3, 2025). “The complaint finally alleges that the provisions of § 11-52-77 relative to hearings and official notice apply equally to amendments related to planning and zoning pursuant to § 11-52-78, Ala. Code 1975. According to the taxpayers, the administration of the tax scheme contained…”
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