Legal Opinion

Ala. Dep't of Pub. Health v. Noland Health Servs., Inc.

Court of Civil Appeals of Alabama

Decided July 27, 2018No. 2170404Published

1Opinion of the Court

MOORE, Judge.

The Alabama Department of Public Health ("ADPH") appeals from a judgment entered by the Montgomery Circuit Court ("the trial court") in favor of Noland Health Services, Inc. ("Noland"), on Noland's requests for declaratory and injunctive relief against ADPH. We dismiss the appeal.

Procedural History

On November 8, 2016, Noland filed a petition against ADPH seeking a judgment declaring:

"(1) That ADPH lacks the authority to apply [certain rules] to Adult Day Care Programs, including those provided by Noland;
"(2) That ADPH lacks the authority to enforce [the aforementioned rules]…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. Hutchinson v. Board of Trustees of University of AlabamaSupreme Court of Alabama · 1971
  2. Lyons v. River Road Constr., Inc.Supreme Court of Alabama · 2003
  3. Alabama Dept. of Transp. v. Harbert Intern., Inc.Supreme Court of Alabama · 2008
  4. Ex Parte Town of LowndesboroSupreme Court of Alabama · 2006
  5. Druid City Hospital Bd. v. EppersonSupreme Court of Alabama · 1979

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