Legal Opinion
Tutwiler Drug Co., Inc. v. City of Birmingham
Supreme Court of Alabama
Decided August 6, 1982No. 81-369PublishedCited by 20 opinions
1Opinion of the Court
The issue: whether absolute immunity is a viable defense on behalf of the Mayor and members of the City Council of the City of Birmingham, in their individual capacities, in a claim based on negligence and abuse of discretion in the exercise of their respective legislative functions. We hold that it is, and affirm.
In May of 1981, the City of Birmingham, through the city council, adopted a master plan for the redevelopment and renewal of downtown Birmingham. Implementation for projects such as the master plan is provided for in Code 1975, § 24-2-1, et seq. That chapter provides, in part:
"§…
2Cases cited8 opinions
- Tenney v. BrandhoveSupreme Court of the United States · 1951
- Jackson v. City of FlorenceSupreme Court of Alabama · 1975
- DeStafney v. University of AlabamaSupreme Court of Alabama · 1982
- Rich v. City of MobileSupreme Court of Alabama · 1982
- Blankenship v. City of DecaturSupreme Court of Alabama · 1959
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ex Parte CranmanSupreme Court of Alabama · 2000
- Ex Parte City of BirminghamSupreme Court of Alabama · 1993
- Ott v. EverettSupreme Court of Alabama · 1982
- Point Properties, Inc. v. AndersonSupreme Court of Alabama · 1991
- Charles J. Arndt, Inc., a Corporation v. City of Birmingham, a Municipal CorporationCourt of Appeals for the Eleventh Circuit · 1984
15 more not listed; retrieve them via the Exa API.