Limbaugh v. Board of Managers

THIGPEN, Judge.

This case involves a review of the trial court’s denial of a petition for a writ of mandamus by granting a summary judgment favoring The Board of Managers, City of Birmingham Retirement and Relief System (Board) and against Carl Michael Limbaugh. Both parties seek the same result and urge this court to overrule Mahaffey v. Board of Managers, 515 So.2d 1261 (Ala.Civ.App.1987), which the parties and the trial court view as controlling.

The facts are undisputed and only a few pertinent facts are necessary for this appeal. Limbaugh was an employee of the City of Birmingham when he…