condemnation clause (Alabama) · Go Syfert
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condemnation clause in Alabama

5 Alabama opinions name it 1 courts 1909–2007 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 (4)

CaseFollowedCited
Bowdoin Square, LLC v. Winn-Dixie Montgomery, Inc.green
ala · 2003 · cited in 1 Alabama opinions naming this issue, 2007–2007
1 sentence

2007Co., 585 So.2d 853, 855 (Ala.1991).) [2] In Hardin v. Kirkland Enterprises, Inc., 939 So.2d 40, 44 (Ala.Civ.App.2006), the Court of Civil Appeals succinctly stated the standard of review applicable to a case like this one: "`It is well settled that lease agreements are contracts and that the general principles of contract construction apply in ascertaining the scope and meaning of a lease agreement.' Bowdoin Square, L.L.C. v. Winn-Dixie Montgomery, Inc., 873 So.2d 1091, 1098 (Ala.2003).

11
Hardin v. Kirkland Enterprises, Inc.green
alacivapp · 2006 · cited in 1 Alabama opinions naming this issue, 2007–2007
1 sentence

2007Co., 585 So.2d 853, 855 (Ala.1991).) [2] In Hardin v. Kirkland Enterprises, Inc., 939 So.2d 40, 44 (Ala.Civ.App.2006), the Court of Civil Appeals succinctly stated the standard of review applicable to a case like this one: "`It is well settled that lease agreements are contracts and that the general principles of contract construction apply in ascertaining the scope and meaning of a lease agreement.' Bowdoin Square, L.L.C. v. Winn-Dixie Montgomery, Inc., 873 So.2d 1091, 1098 (Ala.2003).

11
Fibreglas Fabricators, Inc. v. Kylberggreen
colo · 1990 · cited in 1 Alabama opinions naming this issue, 2007–2007
1 sentence

2007See Fibreglas Fabricators, Inc. v. Kylberg, 799 P.2d 371, 375-76 (Colo.1990) ("Most jurisdictions that have considered the legal effect of a condemnation clause providing only for automatic termination of the lease upon condemnation have held that because the lessee's leasehold interest is destroyed at the time of condemnation, the lessee no longer has any interest in the condemned property for which he or she should be compensated, *964 and the lessee is foreclosed from sharing in the condemnation proceeds.").

11
McDonald v. U.S. Die Casting and Dev.green
ala · 1991 · cited in 1 Alabama opinions naming this issue, 2007–2007
1 sentence

2007Co., 585 So.2d 853, 855 (Ala.1991).) [2] In Hardin v. Kirkland Enterprises, Inc., 939 So.2d 40, 44 (Ala.Civ.App.2006), the Court of Civil Appeals succinctly stated the standard of review applicable to a case like this one: "`It is well settled that lease agreements are contracts and that the general principles of contract construction apply in ascertaining the scope and meaning of a lease agreement.' Bowdoin Square, L.L.C. v. Winn-Dixie Montgomery, Inc., 873 So.2d 1091, 1098 (Ala.2003).

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 (7)

CaseCitedYears
Voyager Life Ins. Co., Inc. v. Whitson green
ala · 1997
1 sentence

2007"When we find an agreement to be ambiguous, we must employ established rules of contract construction to resolve the ambiguity found in the inartfully drafted document." Whitson, 703 So.2d at 948 .

12007–2007
Alabama Power Co. v. Herzfeld green
ala · 1927
2 sentences

1989Alabama Power Co. v. Herzfeld, 216 Ala. 671 , 114 So. 49 (1927), permitting evidence of the value of crops standing at the time of the condemnation, supports our conclusion, as do precedents from other jurisdictions.

1989Alabama Power Co. v. Herzfeld, 216 Ala. 671 , 114 So. 49 (1927), permitting evidence of the value of crops standing at the time of the condemnation, supports our conclusion, as do precedents from other jurisdictions.

11989–1989
Elmore v. Cunninghame green
ala · 1922
1 sentence

1935Any benefit derived was wholly indirect and incidental, and it would seem that the ease differs from that of Elmore v. Cunninghame, supra [ 208 Ala. 15 , 93 So. 8 .14], only in degree, and not in kind.

11935–1935
Stephenson v. Allison green
ala · 1910
1 sentence

1929Sandlin v. Kennedy Stave Co., 165 Ala. 579 , 51 So. 622 .

11929–1929
Enterprise Lumber Co. v. Porter & Newton neutral
ala · 1910
1 sentence

1929Sandlin v. Kennedy Stave Co., 165 Ala. 579 , 51 So. 622 .

11929–1929
Harris v. State neutral
ala · 1908
1 sentence

1909The first point made under this insistence goes upon the theory that, as the statute applies only to persons who enter into contracts in writing for the performance of service, or for the renting of land, etc. — (Harris’ Case, 156 Ala. 158 , 47 South. 341 ), it is class legislation and falls within the condemnation of the clause of the Constitution last referred to.

11909–1909
Western Union Telegraph Co. v. Howle neutral
ala · 1908
1 sentence

1909The first point made under this insistence goes upon the theory that, as the statute applies only to persons who enter into contracts in writing for the performance of service, or for the renting of land, etc. — (Harris’ Case, 156 Ala. 158 , 47 South. 341 ), it is class legislation and falls within the condemnation of the clause of the Constitution last referred to.

11909–1909

Where else courts name it

TX 35 (1913–2025) NC 21 (1928–2024) MO 12 (1903–2025) NY 10 (1898–2007) WI 10 (1906–2009) MN 9 (1920–2018) PA 8 (1931–2025) MS 7 (1901–2018) FL 6 (1936–1999) IL 6 (1885–2025) GA 5 (1981–2013) AL 5 (1909–2007) CT 5 (1988–2017) CA 5 (1930–1996) NJ 4 (1908–2011) WA 4 (1996–2013) IA 4 (1964–2015) MT 4 (2001–2022) AZ 4 (1973–2023) CO 3 (1990–1999) WV 3 (1907–1923) OK 3 (1930–2020) MI 3 (1971–2022) MD 3 (1963–2005) AR 3 (1921–1988) IN 3 (1910–1980) UT 3 (1979–2020) HI 3 (1980–2024) ND 2 (1934–1991) KS 2 (1997–2006) OR 2 (1961–1981) VA 2 (1922–1923)

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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