Legal Opinion · Concurrence

Nina Development Corp. v. Jefferson County

Supreme Court of Alabama

Decided August 22, 1980No. 79-41, 79-104Published

1ConcurrenceJones, Justice

I concur specially in order to make three points:

1) I agree that pre-Peddycoart standards require our affirmance of the trial Court’s ruling upholding the constitutional validity of Act No. 776. Our policy decision to give Peddycoart quasi-prospective effect only produces this strange result; but this strange result is far better than the disastrous effects that would result from a decision to invalidate scores of legislative acts.

2) I do not agree that Rule 59, under all circumstances, proscribes the bifurcation of issues for purposes of a new trial in which there has been a trial by jury.

The…

2Cases cited1 opinion

  1. State v. WilliamsSupreme Court of Alabama · 1980

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API