Homewood City Board of Education v. Alabama State Tenure Commission

The mere passage of time will not suffice to bar a claim on the ground of laches. Ex parte Johnson, 485 So.2d 1098 (Ala.1986). The party asserting the defense of laches bears the burden of proving not only that the delay was unreasonable but also that the delay caused prejudice. Chafian v. Alabama Board of Chiropractic Examiners, 647 So.2d 759 (Ala.Civ.App.1994):

“Classic elements of undue prejudice, for purposes of determining the applicability of the doctrine of laches, include the unavailability of witnesses, changed personnel, and the loss of pertinent records.”

Ex parte Grubbs, 542 So.2d…