Ex Parte Sierra Club

I respectfully dissent from the majority opinion. I would grant the Sierra Club's petition for a writ of mandamus, because I believe it has a clear legal right to the order sought. I believe that the Montgomery Circuit Court had jurisdiction to issue the consent judgment and was bound by law to perform that ministerial act. Ex parte Boyd, 417 So.2d 577 (Ala. 1982); State ex rel. Carmichael v. Jones, 252 Ala. 479,41 So.2d 280 (1949).

The majority holds that the circuit court correctly held that it lacked jurisdiction to issue the consent judgment, because, the majority holds, the Sierra Club…