Petitioners brief (Alabama) · Go Syfert
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Petitioners brief in Alabama

10 Alabama opinions name it 2 courts 1980–2016 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Ex Parte Auburn Universitygreen
ala · 2008 · cited in 3 Alabama opinions naming this issue, 2015–2016
2 sentences

2016Ryan, supra. Accordingly, we conclude that the trial court erred in failing to address the sovereign-immunity defenses at the summary-judgment stage of the litigation.’ “6 So.3d at 484 (emphasis added).

2015However, by delaying until trial its determination of the sovereign-immunity defenses asserted by the petitioners, the trial court has effectively denied the petitioners their privilege of not being subjected to suit and their right to not stand trial and face the burdens of litigation should their immunity defenses prove dispositive, Ryan, supra. Accordingly, we conclude that the trial court erred in failing to address the sovereign-immunity defenses at the summary-judgment stage of the litigation.” 6 So.3d at 484 (emphasis added).

33
Gulf House Ass'n, Inc. v. Town of Gulf Shoresgreen
ala · 1985 · cited in 2 Alabama opinions naming this issue, 1993–1993
2 sentences

1993Specifically regarding the issue of standing under § 11-52-81 , in Crowder v. Zoning Board of Adjustment , 406 So.2d 917 (Ala.Civ.App.), cert. denied , 406 So.2d 919 (Ala. 1981), the Court of Civil Appeals held: "In order for a party to have standing to challenge the decision of a zoning board of adjustment he must be a 'party aggrieved.' To establish himself as a 'party aggrieved' he must present 'proof of the adverse effect the changed status of the rezoned property has, or could have, on the use, enjoyment and value' of his own property." 406 So.2d at 918 (quoting in part Cox v. Poer , 45 A

1993Specifically regarding the issue of standing under § 11-52-81, in Crowder v. Zoning Board of Adjustment, 406 So.2d 917 (Ala.Civ.App.), ce rt. denied, 406 So.2d 919 (Ala.1981), the Court of Civil Appeals held: “In order for a party to have standing to challenge the decision of a zoning board of adjustment he must be a ‘party aggrieved.’ To establish himself as a ‘party aggrieved’ he must present ‘proof of the adverse effect the changed status of the rezoned property has, or could have, on the use, enjoyment and value’ of his own property.” 406 So.2d at 918 (quoting in part Cox v. Poer, 45 Ala.A

22
Cox v. Poergreen
alacivapp · 1969 · cited in 2 Alabama opinions naming this issue, 1993–1993
2 sentences

1993Specifically regarding the issue of standing under § 11-52-81 , in Crowder v. Zoning Board of Adjustment , 406 So.2d 917 (Ala.Civ.App.), cert. denied , 406 So.2d 919 (Ala. 1981), the Court of Civil Appeals held: "In order for a party to have standing to challenge the decision of a zoning board of adjustment he must be a 'party aggrieved.' To establish himself as a 'party aggrieved' he must present 'proof of the adverse effect the changed status of the rezoned property has, or could have, on the use, enjoyment and value' of his own property." 406 So.2d at 918 (quoting in part Cox v. Poer , 45 A

1993Specifically regarding the issue of standing under § 11-52-81 , in Crowder v. Zoning Board of Adjustment , 406 So.2d 917 (Ala.Civ.App.), cert. denied , 406 So.2d 919 (Ala. 1981), the Court of Civil Appeals held: "In order for a party to have standing to challenge the decision of a zoning board of adjustment he must be a 'party aggrieved.' To establish himself as a 'party aggrieved' he must present 'proof of the adverse effect the changed status of the rezoned property has, or could have, on the use, enjoyment and value' of his own property." 406 So.2d at 918 (quoting in part Cox v. Poer , 45 A

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Ryan v. Hayes green
ala · 2002
2 sentences

2016Ryan, supra. Accordingly, we conclude that the trial court erred in failing to address the sovereign-immunity defenses at the summary-judgment stage of the litigation.’ “6 So.3d at 484 (emphasis added).

2015However, by delaying until trial its determination of the sovereign-immunity defenses asserted by the petitioners, the trial court has effectively denied the petitioners their privilege of not being subjected to suit and their right to not stand trial and face the burdens of litigation should their immunity defenses prove dispositive, Ryan, supra. Accordingly, we conclude that the trial court erred in failing to address the sovereign-immunity defenses at the summary-judgment stage of the litigation.” 6 So.3d at 484 (emphasis added).

42008–2016
Crowder v. Zoning Bd. of Adjustment green
alacivapp · 1981
2 sentences

1993Specifically regarding the issue of standing under § 11-52-81 , in Crowder v. Zoning Board of Adjustment , 406 So.2d 917 (Ala.Civ.App.), cert. denied , 406 So.2d 919 (Ala. 1981), the Court of Civil Appeals held: "In order for a party to have standing to challenge the decision of a zoning board of adjustment he must be a 'party aggrieved.' To establish himself as a 'party aggrieved' he must present 'proof of the adverse effect the changed status of the rezoned property has, or could have, on the use, enjoyment and value' of his own property." 406 So.2d at 918 (quoting in part Cox v. Poer , 45 A

1993Specifically regarding the issue of standing under § 11-52-81, in Crowder v. Zoning Board of Adjustment, 406 So.2d 917 (Ala.Civ.App.), ce rt. denied, 406 So.2d 919 (Ala.1981), the Court of Civil Appeals held: “In order for a party to have standing to challenge the decision of a zoning board of adjustment he must be a ‘party aggrieved.’ To establish himself as a ‘party aggrieved’ he must present ‘proof of the adverse effect the changed status of the rezoned property has, or could have, on the use, enjoyment and value’ of his own property.” 406 So.2d at 918 (quoting in part Cox v. Poer, 45 Ala.A

21993–1993
Ex Parte Crowder neutral
ala · 1981
2 sentences

1993Specifically regarding the issue of standing under § 11-52-81 , in Crowder v. Zoning Board of Adjustment , 406 So.2d 917 (Ala.Civ.App.), cert. denied , 406 So.2d 919 (Ala. 1981), the Court of Civil Appeals held: "In order for a party to have standing to challenge the decision of a zoning board of adjustment he must be a 'party aggrieved.' To establish himself as a 'party aggrieved' he must present 'proof of the adverse effect the changed status of the rezoned property has, or could have, on the use, enjoyment and value' of his own property." 406 So.2d at 918 (quoting in part Cox v. Poer , 45 A

1993Specifically regarding the issue of standing under § 11-52-81, in Crowder v. Zoning Board of Adjustment, 406 So.2d 917 (Ala.Civ.App.), ce rt. denied, 406 So.2d 919 (Ala.1981), the Court of Civil Appeals held: “In order for a party to have standing to challenge the decision of a zoning board of adjustment he must be a ‘party aggrieved.’ To establish himself as a ‘party aggrieved’ he must present ‘proof of the adverse effect the changed status of the rezoned property has, or could have, on the use, enjoyment and value’ of his own property.” 406 So.2d at 918 (quoting in part Cox v. Poer, 45 Ala.A

21993–1993
Flandell v. State green
ala · 1944
2 sentences

2008However, based on language in Boyd , in which this Court suggested that the legislature gave a limited judicial power to political parties to hear election contests, see Boyd, 246 Ala. at 126 , 19 So.2d at 387-88 , the petitioners challenge the second conclusion.

2008However, based on language in Boyd , in which this Court suggested that the legislature gave a limited judicial power to political parties to hear election contests, see Boyd, 246 Ala. at 126 , 19 So.2d at 387-88 , the petitioners challenge the second conclusion.

12008–2008
Boyd v. Garrison green
ala · 1944
2 sentences

2008However, based on language in Boyd , in which this Court suggested that the legislature gave a limited judicial power to political parties to hear election contests, see Boyd, 246 Ala. at 126 , 19 So.2d at 387-88 , the petitioners challenge the second conclusion.

2008However, based on language in Boyd , in which this Court suggested that the legislature gave a limited judicial power to political parties to hear election contests, see Boyd, 246 Ala. at 126 , 19 So.2d at 387-88 , the petitioners challenge the second conclusion.

12008–2008
Corn v. City of Oakland City green
indctapp · 1981
1 sentence

2007Core v. Green , 160 Ohio St. 175 , 181 , 115 N.E.2d 157 , 160-61 (1953) ("While the statute was in effect, the petitioners had the privilege to demand an election, but when the statute was repealed before the election was held, such privilege was taken away without any impairment of vested or contractual *Page 980 rights."); and Corn v. City of Oakland City , 415 N.E.2d 129 , 133 (Ind.Ct.App. 1981): "The question of whether or not an office holder or candidate or officer elect has any vested right to an office has been clearly settled contrary to Corn's position.

12007–2007
Jones v. United States green
scotus · 1999
2 sentences

2002"Finally, as we made plain in Jones [v. United States, 526 U.S. 227 , 119 S.Ct. 1215 , 143 L.Ed.2d 311 (1999)] last Term, Almendarez-Torres v. United States, 523 U.S. 224 (1998), represents at best an exceptional departure from the historic practice that we have described.

2002"Finally, as we made plain in Jones [v. United States, 526 U.S. 227 , 119 S.Ct. 1215 , 143 L.Ed.2d 311 (1999)] last Term, Almendarez-Torres v. United States, 523 U.S. 224 (1998), represents at best an exceptional departure from the historic practice that we have described.

12002–2002
Almendarez-Torres v. United States red
scotus · 1998
1 sentence

2002"Finally, as we made plain in Jones [v. United States, 526 U.S. 227 , 119 S.Ct. 1215 , 143 L.Ed.2d 311 (1999)] last Term, Almendarez-Torres v. United States, 523 U.S. 224 (1998), represents at best an exceptional departure from the historic practice that we have described.

12002–2002
Connolly v. Medalie green
ca2 · 1932
1 sentence

1980The petitioners at bar shrank from that predicament; but they were obliged to choose one horn of the dilemma.' Connolly v. Medalie , 58 F.2d 629 , 630 (CA2 1932).

11980–1980

Statutes the citing opinions construe

AL § Ala. Code § 13A-3-23 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 115 (1880–2024) PA 54 (1945–2026) CA 41 (1939–2025) WV 33 (2002–2025) FL 28 (1957–2023) MD 26 (1972–2025) NM 20 (2003–2025) CO 19 (1979–2026) IL 15 (1941–2021) WA 14 (1977–2026) SC 13 (1990–2025) TN 11 (1920–2025) HI 11 (1910–2026) DE 11 (2017–2025) OR 11 (1894–2023) AL 10 (1980–2016) NC 10 (2007–2025) AZ 9 (1986–2026) UT 9 (1926–2022) MA 9 (1903–2018) TX 7 (1961–2015) DC 7 (1979–2018) ME 7 (2002–2026) OK 7 (1931–2023) GA 7 (1939–2022) CT 6 (1857–2022) VT 6 (1895–2001) KY 6 (1936–2022) WI 6 (1962–2021) VA 5 (1861–2014) ND 5 (2007–2024) NH 5 (1998–2018) ID 5 (1910–2024) KS 4 (1969–2022) RI 4 (1965–2006) MT 4 (1983–2014) OH 4 (1936–2008) MI 4 (1904–2015) IN 3 (1992–2015) MN 3 (1965–2024) AR 2 (1976–1988) MO 2 (1985–1986) WY 2 (1903–2013) LA 2 (1918–1954) MS 2 (2009–2011) NJ 2 (1934–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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