Asphalt Contractors Inc. v. Alabama Department of Transportation

MURDOCK, Justice.

The Alabama Department of Transportation (“ALDOT”) and its director John R. Cooper petition this Court for a writ of mandamus directing the Montgomery Circuit Court to vacate its order denying their motion to dismiss all claims filed against them by Asphalt Contractors, Inc. (“ACI”). We grant the petition in part and deny it in part.

I. Facts and Procedural History

Most of the factual background is succinctly explained in ACI’s original complaint.

“1. Trichloroethylene (‘TCE’) and other chemicals were used by ALDOT at its Coliseum Boulevard and Fairgrounds Road facilities since…