Legal Opinion

M & N Materials, Inc. v. Town of Gurley

Supreme Court of Alabama

Decided October 16, 2009No. 1080981 and 1081027Published

1Opinion of the Court

WOODALL, Justice.

The Town of Gurley (“the Town”) and Stan Simpson, individually and as mayor of the Town, separately petition this Court for writs of mandamus directing the trial court to grant their motions for a summary judgment as to all claims brought against them by M & N Materials, Inc. (“M & N”). We deny the petitions in part and grant them in part.

I. Factual and Procedural Background

M & N was formed in 2003. At that time, M & N acquired 160 acres of mountain property to be used as a rock quarry in an unincorporated area of Madison County. By June 2004, it had purchased approximately…

2Cases cited42 opinions

  1. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  2. United Mine Workers v. PenningtonSupreme Court of the United States · 1965
  3. California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
  4. Bill Johnson's Restaurants, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1983
  5. Bogan v. Scott-HarrisSupreme Court of the United States · 1998

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