Bates Motel, Inc. v. ENVIRONMENTAL MGT. COM'N

In February 1989 the Alabama Department of Environmental Management (ADEM) issued a permit allowing Bates Motel, Inc. (Bates), to build a 94-unit motel on a 174-foot by 664-foot beachfront lot on Romar Beach in Baldwin County, Alabama. Alleging threatened or actual injury as a result of ADEM's action, neighboring property owners appealed the issuance of the permit to the Alabama Environmental Management Commission (Commission) pursuant to § 22-22A-7, Ala. Code 1975.

Following an administrative hearing, the Commission's designated hearing officer issued an opinion finding that the permit had…