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· 5/12/2006

Ex Parte Town of Lowndesboro

Citations

  • 950 So. 2d 1203
  • 2006 WL 1304902

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that, even if raised by the parties, a jurisdictional issue \not decided by the courts and made part of the opinion of the case\ has no precedential effect
  • explaining why prior decisions failing to recognize that an attorney-fee award against the State is barred by § 14 cannot be deemed as precedent allowing such awards, namely because the issue was \not decided by the courts and made part of the opinion of the case\
  • Section 14 precludes an award of an attorney fee in a declaratory-judgment action against a state agency or department
  • Section 14 precludes an award of an attorney fee in a declaratory-judgment action against a state agency or department
  • “When an action is one against the State or a State agency, § 14 [of the Alabama Constitution] wholly removes subject-matter jurisdiction from the courts.”
  • Even if raised by the parties, a jurisdictional issue \not decided by the courts and made part of the opinion of the case\ has no precedential effect.

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.