Legal Opinion

Save Our Dunes v. Alabama Department of Environmental Management

Court of Appeals for the Eleventh Circuit

Decided December 31, 1987No. Nos. 86-7014, 86-7021 and 87-7052PublishedCited by 2 opinions

1Opinion of the Court

EDMONDSON, Circuit Judge:

By statute and administrative regulation, Alabama has created a means of controlling development along its coastline. Briefly stated, developers wishing to erect structures in the state’s defined coastal zone must first apply for and obtain a building permit from the Alabama Department of Environmental Management (ADEM). State law provides that persons “aggrieved” by ADEM’s decision on a permit application may appeal to the Alabama Environmental Management Commission (AEMC). See Ala.Code sec. 22-22A-7(c).

Appellees — plaintiffs in the district court1 — are several…

2Cases cited18 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Sierra Club v. MortonSupreme Court of the United States · 1972
  3. Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
  4. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  5. Metropolitan Housing Development Corp. v. Village of Arlington Heights, and Village of Mount Prospect and Forest View Civic Association, InterveningCourt of Appeals for the Seventh Circuit · 1980

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3Cited by2 opinions

  1. Save Our Dunes, the Alabama Conservancy, League of Women Voters of Mobile, Sierra Club and League of Women Voters of Baldwin County v. Alabama Department of Environmental Management, Leigh Pegues, Ind. And in His Official Capacity, Save Our Dunes, the Alabama Conservancy, League of Women Voters of Mobile, Sierra Club, and League of Women Voters of Baldwin County, Plaintiffs v. Alabama Department of Environmental Management, Alabama Environmental Management Commission, Dewey A. White, Jr., Ind. And in His Official Capacity, Thomas R. Debray, Ind. And in His Official Capacity, Claire B. Elliot, Ind. And in Her Official Capacity, Russell L. Riley, Ind. And in His Official Capacity, M. Cameron McDonald Ind. And in Her Official Capacity, J. Ernest Farnell, Ind. And in Her Official Capacity, Stanley L. Graves, Ind. And in His Official Capacity, Save Our Dunes, the Alabama Conservancy, League of Women Voters of Mobile, Sierra Club, and League of Women Voters of Baldwin County, Plaintiffs v. Alabama Environment Management Commission, Dewey A. White, Jr., Ind. And in His Official Capacity, Thomas R. Debray, Ind. And in His Official Capacity, Claire B. Elliot, Ind. And in Her Official Capacity, Russell L. Riley, Ind. And in His Official Capacity, M. Cameron McDonald Ind. And in Her Official Capacity, J. Ernest Farnell, Ind. And in His Official Capacity, and Stanley Graves, Ind. And in His Official Capacity, Malcolm Baldridge, Secretary U.S. Department of Commerce Peter Tweedt, Director of Ocean & Coastal Resources Management and Developers South, and Collegiate Enterprises, Inc., Leigh Pegues, the Director of Alabama Department of Environmental ManagementCourt of Appeals for the Eleventh Circuit · 1987
  2. Bentley v. EllamDistrict Court, M.D. Pennsylvania · 1991

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