highly deferential standard (Alabama) · Go Syfert
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highly deferential standard in Alabama

8 Alabama opinions name it 3 courts 1996–2014 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 (7)

CaseFollowedCited
City of Mobile v. Karagangreen
ala · 1985 · cited in 3 Alabama opinions naming this issue, 1997–2013
2 sentences

2013City of Mobile v. Karagan, 476 So.2d 60, 63 (Ala.1985).

2004See, e.g., American Petroleum , 708 So.2d at 133 ; City of Mobile v. Karagan , 476 So.2d 60 , 63 (Ala. 1985); Episcopal Found. of Jefferson County v. Williams , 281 Ala. 363 , 202 So.2d 726 (1967). "[P]assage of a zoning ordinance is a legislative act, and it is well established that municipal ordinances are presumed to be valid and reasonable, to be within the scope of the powers granted municipalities to adopt such ordinances, and are not to be struck down unless they are clearly arbitrary and unreasonable." Cudd v. City of Homewood , 284 Ala. 268 , 270 , 224 So.2d 625 , 627 (1969).

33
Pollard v. Unus Properties, LLCgreen
ala · 2004 · cited in 3 Alabama opinions naming this issue, 2008–2014
2 sentences

2010See American Petroleum Equip. & Constr., Inc. [v. Fancher;] 708 So.2d [129,] 132 [(Ala.1997) ] (‘Because the adoption of an ordinance is a legislative function, the courts must apply a highly deferential standard in zoning cases.’). “ ‘ “[P]assage of a zoning ordinance is a legislative act, and it is well established that municipal ordinances are presumed to be valid and reasonable, to be within the scope of the powers granted municipalities to adopt such ordinances, and are not to be struck down unless they are clearly arbitrary and unreasonable.” Cudd v. City of Homewood, 284 Ala. 268, 270 ,

2008See American Petroleum Equip. & Constr., Inc., 708 So.2d at 132 (“Because the adoption of an ordinance is a legislative function, the courts must apply a highly deferential standard in zoning cases.”). “ ‘[P]assage of a zoning ordinance is a legislative act, and it is well established that municipal ordinances are presumed to be valid and reasonable, to be within the scope of the powers granted municipalities to adopt such ordinances, and are not to be struck down unless they are clearly arbitrary and unreasonable.’ Cudd v. City of Homewood, 284 Ala. 268, 270 , 224 So.2d 625, 627 (1969).” Poll

23
Cudd v. City of Homewoodgreen
ala · 1969 · cited in 3 Alabama opinions naming this issue, 2004–2010
2 sentences

2010See American Petroleum Equip. & Constr., Inc. [v. Fancher;] 708 So.2d [129,] 132 [(Ala.1997) ] (‘Because the adoption of an ordinance is a legislative function, the courts must apply a highly deferential standard in zoning cases.’). “ ‘ “[P]assage of a zoning ordinance is a legislative act, and it is well established that municipal ordinances are presumed to be valid and reasonable, to be within the scope of the powers granted municipalities to adopt such ordinances, and are not to be struck down unless they are clearly arbitrary and unreasonable.” Cudd v. City of Homewood, 284 Ala. 268, 270 ,

2010See American Petroleum Equip. & Constr., Inc. [v. Fancher;] 708 So.2d [129,] 132 [(Ala.1997) ] (‘Because the adoption of an ordinance is a legislative function, the courts must apply a highly deferential standard in zoning cases.’). “ ‘ “[P]assage of a zoning ordinance is a legislative act, and it is well established that municipal ordinances are presumed to be valid and reasonable, to be within the scope of the powers granted municipalities to adopt such ordinances, and are not to be struck down unless they are clearly arbitrary and unreasonable.” Cudd v. City of Homewood, 284 Ala. 268, 270 ,

23
AMERICAN PETROLEUM EQUIP. AND CONSTRUCTION, INC. v. Fanchergreen
ala · 1997 · cited in 2 Alabama opinions naming this issue, 2004–2008
2 sentences

2008See American Petroleum Equip. & Constr., Inc., 708 So.2d at 132 (“Because the adoption of an ordinance is a legislative function, the courts must apply a highly deferential standard in zoning cases.”). “ ‘[P]assage of a zoning ordinance is a legislative act, and it is well established that municipal ordinances are presumed to be valid and reasonable, to be within the scope of the powers granted municipalities to adopt such ordinances, and are not to be struck down unless they are clearly arbitrary and unreasonable.’ Cudd v. City of Homewood, 284 Ala. 268, 270 , 224 So.2d 625, 627 (1969).” Poll

2004See, e.g., American Petroleum , 708 So.2d at 133 ; City of Mobile v. Karagan , 476 So.2d 60 , 63 (Ala. 1985); Episcopal Found. of Jefferson County v. Williams , 281 Ala. 363 , 202 So.2d 726 (1967). "[P]assage of a zoning ordinance is a legislative act, and it is well established that municipal ordinances are presumed to be valid and reasonable, to be within the scope of the powers granted municipalities to adopt such ordinances, and are not to be struck down unless they are clearly arbitrary and unreasonable." Cudd v. City of Homewood , 284 Ala. 268 , 270 , 224 So.2d 625 , 627 (1969).

22
Walls v. City of Guntersvillegreen
ala · 1950 · cited in 1 Alabama opinions naming this issue, 2010–2010
1 sentence

2010In reviewing an ordinance against a challenge of unconsti tutional vagueness, “[w]e must be certain that the ordinance is so plainly and palpably inadequate and incomplete as to be convinced beyond reasonable doubt that it offends the constitution or we will not strike it down.” Walls v. City of Guntersville, 258 Ala. 480 , 485, 45 So.2d 468, 471 (1950).

11
Nathan Rodgers Construction, Inc. v. City of Saralandgreen
ala · 2008 · cited in 1 Alabama opinions naming this issue, 2010–2010
1 sentence

2010See American Petroleum Equip. & Constr., Inc. [v. Fancher;] 708 So.2d [129,] 132 [(Ala.1997) ] (‘Because the adoption of an ordinance is a legislative function, the courts must apply a highly deferential standard in zoning cases.’). “ ‘ “[P]assage of a zoning ordinance is a legislative act, and it is well established that municipal ordinances are presumed to be valid and reasonable, to be within the scope of the powers granted municipalities to adopt such ordinances, and are not to be struck down unless they are clearly arbitrary and unreasonable.” Cudd v. City of Homewood, 284 Ala. 268, 270 ,

11
James W. Menefield v. Robert G. Borg, Wardengreen
ca9 · 1989 · cited in 1 Alabama opinions naming this issue, 1996–1996
2 sentences

1996Consequently, the defendant's failure to take full legal advantage of the statutory right substantially diminishes his ability to challenge the sufficiency of the evidence." Menefield v. Borg , supra, at 698-99.

1996Consequently, the defendant's failure to take full legal advantage of the statutory right substantially diminishes his ability to challenge the sufficiency of the evidence." Menefield v. Borg, supra, at 698-99.

11

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 (3)

CaseCitedYears
Sherri Williams v. Bill Pryor green
ca11 · 2001
2 sentences

2010The Eleventh Circuit discussed the highly deferential standard of rational-basis review that proscribes only the very outer limits of a legislature’s power, stating: “A statute is constitutional under rational basis scrutiny so long as ‘there is any reasonably conceivable state of facts that could provide a rational basis for the’ statute.” 240 F.3d at 948 (quoting FCC v. Beach Commc’ns, Inc., 508 U.S. 307, 314 , 113 S.Ct. 2096 , 124 L.Ed.2d 211 (1993)).

2010The Eleventh Circuit discussed the highly deferential standard of rational-basis review that proscribes only the very outer limits of a legislature's power, stating: "A statute is constitutional under rational basis scrutiny so long as `there is any reasonably conceivable state of facts that could provide a rational basis for the' statute." 240 F.3d at 948 (quoting FCC v. Beach Commc'ns, Inc., 508 U.S. 307, 314 , 113 S.Ct. 2096 , 124 L.Ed.2d 211 (1993)).

12010–2010
Federal Communications Commission v. Beach Communications, Inc. green
scotus · 1993
2 sentences

2010The Eleventh Circuit discussed the highly deferential standard of rational-basis review that proscribes only the very outer limits of a legislature's power, stating: "A statute is constitutional under rational basis scrutiny so long as `there is any reasonably conceivable state of facts that could provide a rational basis for the' statute." 240 F.3d at 948 (quoting FCC v. Beach Commc'ns, Inc., 508 U.S. 307, 314 , 113 S.Ct. 2096 , 124 L.Ed.2d 211 (1993)).

2010The Eleventh Circuit discussed the highly deferential standard of rational-basis review that proscribes only the very outer limits of a legislature's power, stating: "A statute is constitutional under rational basis scrutiny so long as `there is any reasonably conceivable state of facts that could provide a rational basis for the' statute." 240 F.3d at 948 (quoting FCC v. Beach Commc'ns, Inc., 508 U.S. 307, 314 , 113 S.Ct. 2096 , 124 L.Ed.2d 211 (1993)).

12010–2010
Episcopal Foundation of Jefferson County v. Williams green
· 1967
2 sentences

2004See, e.g., American Petroleum , 708 So.2d at 133 ; City of Mobile v. Karagan , 476 So.2d 60 , 63 (Ala. 1985); Episcopal Found. of Jefferson County v. Williams , 281 Ala. 363 , 202 So.2d 726 (1967). "[P]assage of a zoning ordinance is a legislative act, and it is well established that municipal ordinances are presumed to be valid and reasonable, to be within the scope of the powers granted municipalities to adopt such ordinances, and are not to be struck down unless they are clearly arbitrary and unreasonable." Cudd v. City of Homewood , 284 Ala. 268 , 270 , 224 So.2d 625 , 627 (1969).

2004See, e.g., American Petroleum , 708 So.2d at 133 ; City of Mobile v. Karagan , 476 So.2d 60 , 63 (Ala. 1985); Episcopal Found. of Jefferson County v. Williams , 281 Ala. 363 , 202 So.2d 726 (1967). "[P]assage of a zoning ordinance is a legislative act, and it is well established that municipal ordinances are presumed to be valid and reasonable, to be within the scope of the powers granted municipalities to adopt such ordinances, and are not to be struck down unless they are clearly arbitrary and unreasonable." Cudd v. City of Homewood , 284 Ala. 268 , 270 , 224 So.2d 625 , 627 (1969).

12004–2004

Statutes the citing opinions construe

AL § Ala. Code § 11-52-76 (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

TX 289 (1997–2026) IN 192 (2001–2025) OH 111 (2000–2026) PA 96 (2004–2026) NJ 82 (1996–2026) CA 70 (1984–2026) MS 35 (1991–2025) IL 34 (2011–2026) VA 28 (2011–2026) VT 27 (1993–2026) FL 25 (1993–2023) WI 25 (1997–2026) MI 22 (2000–2026) MD 20 (1995–2024) WA 17 (2009–2024) CT 16 (1999–2025) VI 13 (2011–2024) MA 13 (1997–2026) UT 12 (2007–2025) CO 11 (2002–2025) NM 9 (2004–2026) SC 9 (2008–2021) ME 9 (1983–2018) AL 8 (1996–2014) DE 8 (2002–2025) NY 7 (2008–2021) KY 7 (2008–2025) ND 6 (2008–2026) WV 6 (1995–2025) KS 6 (2010–2025) TN 5 (2000–2025) NC 4 (2014–2024) IA 4 (1994–2022) OR 4 (2012–2025) OK 3 (2003–2015) GA 3 (2020–2025) NE 3 (2025–2026)

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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