Kuppersmith v. South Alabama Seafood Ass'n

RUSSELL, Judge.

The South Alabama Seafood Association, its president, and two members (appellees) filed a complaint, seeking to enjoin the Marine Resources Division of the Alabama Department of Conservation and Natural Resources (Department) from preventing public access to certain oyster reefs located in Heron Bay and leased by Oliver F. Kuppersmith to Lindon C. Johnson (appellants). The ap-pellees claimed that the areas subject to the appellants’ lease were “natural oyster reefs” within the meaning of § 9-12-21, Ala.Code 1975⅛ and were therefore not subject to private leasing. The appellants…