Nina Development Corp. v. Jefferson County
Supreme Court of Alabama
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
- State v. WilliamsSupreme Court of Alabama · 1980