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   State Courts - Alabama - August 10, 2007

  
Black Diamond Dev., Inc. v. Thompson, 1060334, SUPREME COURT OF ALABAMA, August 10, 2007, Released
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Overview: Parties' contract stated a buyer could sell back his interest in a condominium project to the seller "during the construction process." The fact that "construction" never began did not deprive the buyer of his right to refund, since the phrase "construction process" encompassed the procurement of engineering reports and plans, which had occurred.

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Ex parte Ala. DOT, 1051661, SUPREME COURT OF ALABAMA, August 10, 2007, Released
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Overview: As the Alabama Department of Transportation (ALDOT) was a state agency, and a contractor's breach-of-contract claim against ALDOT did not fall within any of the exceptions to state immunity, that claim was barred under Ala. Const. art. I, ? 14 by the doctrine of state immunity.

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Pavilion Dev., L.L.C. v. JBJ P'ship, 1040967, SUPREME COURT OF ALABAMA, August 10, 2007, Released
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Overview: As mortgagee did not provide mortgagor with opportunity to cure its default, as required by settlement documents, or follow usual corporate procedures to terminate authority of mortgagor's president to act on its behalf, president had been authorized to assign to a third party the mortgagor's right to redeem provided by Ala. Code ? 6-5-247 et seq.

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