Sustainable Forests, LLC v. Alabama Power Company

Judge William M. Acker, Jr., of the United States District Court for the Northern District of Alabama, certified to this Court two questions, pursuant to Rule 18, Ala.R.App.P. Those questions relate to a declaratory-judgment action in the federal court brought by Sustainable Forests, L.L.C. (hereinafter referred to as "Sustainable"). Sustainable filed this action after Alabama Power Company (hereinafter referred to as "APCo") filed condemnation proceedings in Escambia County and Chilton County by which it seeks to acquire rights-of-way across Sustainable's property. Sustainable seeks a…