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   State Courts - Alabama - August 15, 2008

  
Scheer Homes, Inc. v. Hills, 2070217, COURT OF CIVIL APPEALS OF ALABAMA, August 15, 2008, Released
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Overview: Judgment was reversed as under caveat emptor, seller was not obligated to disclose to buyer that utility company had decided to build power station on parcel south of Property. Contract only required disclosure of pending public improvements, repairs, replacements, or alterations to Property, which did not include parcel to south of Property.

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Stout v. Cumse, 2070283, COURT OF CIVIL APPEALS OF ALABAMA, August 15, 2008, Released
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Overview: Judgment was reversed as passengers could possibly prevail on negligence claim against driver since complaint alleged that passengers were injured while they were being transported while in county sheriff's department's custody, and that driver was driving. It was unclear if driver was deputy sheriff entitled to Ala. Const. art. I, ? 14 immunity.

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Waterworks & Sewer Bd. of Selma v. Allen, 1061648, SUPREME COURT OF ALABAMA, August 15, 2008, Released
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Overview: Board's declaratory judgment action should not have been dismissed, as the Board's complaint alleged a justiciable controversy about which of the claimants to same directorship on the Board should be seated, and both claimants were named as parties to the action; a declaratory judgment action was the proper vehicle for resolving such a dispute.

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