Ex Parte Alabama State Bd. of Educ.

We granted certiorari review to determine whether the Court of Civil Appeals' affirmance of an award of an attorney fee conflicts with prior decisions of this Court. Because we conclude that it does conflict, we reverse and remand.

Facts and Procedural History

This appeal concerns the propriety of an award of an attorney fee for counsel representing E.B. McClain, who sued the Alabama State Board of Education ("the Board"), alleging that the Board had arbitrarily and capriciously refused to accept federal funds.

McClain's action concerned the Board's initial decision not to accept federal funds…