Cases

Ct. App. Ala. Certiorari denied. Mr. Justice Douglas is of the opinion that certiorari should be granted.

This appeal is from a judgment of non-suit which appellant was forced to take when demurrers were sustained to both counts of her complaint as last amended. *Page 278 Appellant initially filed her suit in the Civil Court of Jefferson County claiming damages of $3,000.00, alleging that she sustained a broken arm and other injuries as a proximate result of the negligence of the defendant, City of Birmingham, in failing properly to maintain th

PITTMAN, Judge. Carol Biggs and West Goldwire, LLC, appeal from a judgment of the Jefferson Circuit Court upholding the denial by the City of Birmingham (“the City”) of their application for a liquor license. We affirm. Facts and Procedural History Biggs and her father own a two-and-one-half-acre parcel of property (“Biggs’s property”) on Ishkooda-Wenonah Road in the western se

Appeal from a nonjury conviction of a breach of a Birmingham ordinance. The City charged that Betty Lou Jones "on to-wit: December 3, 1967 * * * at to-wit: The Blue Note Lounge, 2222 5th Avenue, North, did participate in an indecent performance in that the defendant did while performing, take off all her clothes from the waist up or did take off all her clothes from the waist up except for flesh colored pasties; and did perform upon a couch covered with a material colored like a tiger

Petition of Betty Lou Jones for certiorari to the Court of Appeals to review and revise the judgment and decision in Jones v. City of Birmingham, 45 Ala. App. 86, 224 So.2d 922. Writ denied. LIVINGSTON, C. J., and LAWSON and HARWOOD, JJ., concur. *Page 732

The City of Birmingham Police Department ("the Department") terminated Rebecca Dill's employment on July 14, 2006, after she tested "positive" for marijuana in a random drug test. The City of Birmingham's Employee Handbook required Dill to submit to random drug testing as a condition of her employment. Dill appealed the termination of her employment to the Jefferson County Personnel Board ("the Board") on July 20, 2006. The Board appointed a hearing officer who presided over an ore te

MEMORANDUM OPINION AND ORDER VIRGINIA EMERSON HOPKINS, United States District Judge I. INTRODUCTION Plaintiff Heath Jones (“Mr. Jones”) initiated this retaliatory discharge case arising under Title VII of the Civil Rights Act of 1964 against Defendant City of Heflin (the “City”) on March 17, 2014. (Doc. 1). Mr. Jones claims in his lawsuit that the City fired him as a police officer

Affirmed on authority of Fiorella v. City of Birmingham,35 Ala. App. 384, 48 So.2d 761; Id., 254 Ala. 515,48 So.2d 768.

*1215 MEMORANDUM OPINION ACKER, District Judge. Presently before the court is City of Birmingham’s (“City’s”) Motion Under Rule 59(e) to Alter or Amend Judgment and Under Rule 60(b)(l)(6) for Relief From Judgment, filed April 30, 1999 (the “Rule 59/60 motion”). In its said motion, City contends that this court’s opinion and order of Apr

118 F.Supp.2d 1200 (1999) Valinda F. OLADEINDE, et al., Plaintiffs, v. CITY OF BIRMINGHAM, et al., Defendants. No. CV-91-AR-0196-S. United States District Court, N.D. Alabama, Southern Division. April 22, 1999. *1201 William M. Dawson, Jr., Dawson & Gear, Birmingham, AL, Gayle H. Gear, Birmingham, AL, for Valinda F. Oladeinde

Appeal dismissed, want of prosecution.

The appeal is dismissed as moot. See Ferguson v. CommercialBank, 578 So.2d 1234 (Ala. 1991); and Arrington v. State exrel. Parsons, 422 So.2d 759 (Ala. 1982). Consistent with our dismissal of the appeal on the ground of mootness, we also set aside and void the judgment appealed from, on the same ground of mootness. This opinion was prepared by retired Justice Richard

This case involves a dispute between, on the one side, a mortgagor, Business Realty Investment Company, Inc. ("BRIC"), and its president, Rick Bentley, and, on the other side, the City of Birmingham (the "City") over the amount the mortgagor must pay the City in order to redeem certain property. The issue presented to the trial court was whether BRIC was required to pay the purchase price paid by the City when it foreclosed on the mortgaged property and purchased it at a forecl

This case involves several construction contracts between the City of Birmingham and Business Realty Investment Company ("BRIC"). BRIC is a general contractor. In 1989 and 1990, the City entered into contracts with BRIC by which BRIC was to build several street connectors and sidewalks for the City. United States Fidelity Guaranty Company ("USFG") was BRIC's bonding company. USFG provided the bond on the contracts between BRIC and the City. *Page 7

Appeal dismissed for want of prosecution.

In 1989, the Business Realty Investment Company, Inc., ("BRIC"), and its president, Rick Bentley, entered into an agreement with the City of Birmingham ("the City") providing that the City would loan BRIC $320,000 to develop a Birmingham subdivision ("Westhaven"). The City secured the loan by a mortgage on the Westhaven property. On November 12, 1997, Bentley and BRIC sued the City, seeking a temporary restraining order to prevent the City from foreclosing on the Westhaven property. T

The defendants, the City of Birmingham and its director of finance, appeal from a $272,738 judgment in favor of the plaintiff, Piggly Wiggly Alabama Distributing Company, Inc., in an action by Piggly Wiggly Distributing to obtain a refund of its alleged overpayment of licensing fees to the City of Birmingham in 1987 and 1988. The issues are: (1) Whether the notice-of-claim and statute of limitations periods of Tit. 62, § 658, Code of Alabama 1940 (Recompiled 1958), and §

John E. Ott, Chief United States Magistrate Judge In this civil rights action brought pursuant to 42 U.S.C. §§ 1983 and 1985, Plaintiff Aubrey Williams ("Plaintiff") claims that his constitutional rights were violated when he was shot without justification by a police officer employed by the City of Birmingha

PARKER, Justice. Laura Miller appeals from..a summary judgment entered by the Jefferson Circuit Court (“the circuit court”) in favor of the City of Birmingham (“the City”), Sandy Roberts, and Alice Crutchfield (hereinafter referred to collectively as “the City defendants”). I. Facts and Procedural History Robert Jeffrey Miller, Mrs. Miller’s husband, was employed by the City as a firef

The City of Birmingham ("City") commenced this action in the Circuit Court of Jefferson County, seeking to preliminarily enjoin Sansing Sales of Birmingham, Inc. ("Sansing"), from conducting business within the City until Sansing had paid all delinquent and unpaid license fees and penalties. The City's request for a preliminary injunction was denied, conditioned on Sansing's posting a $5,000 bond. After hearing ore tenus testimony, the trial court held that Sansing was a " 'm