Russell v. State

SHAW, Justice.

E. Wayne Russell, Jr., appeals from the Lee Circuit Court’s order denying an award of litigation expenses following the dismissal of the underlying eminent-domain action in which the State of Alabama sought to condemn a portion of Russell’s property in Lee County on behalf of the City of Auburn (“the City”). The sole issue raised by Russell on appeal is whether the Lee Circuit Court erred in failing to award litigation expenses, which, Russell maintains, is mandated by § 18-1A-232, Ala.Code 1975. We reverse and remand.

The State filed the underlying condemnation action in the Lee…