Alabama Historical Commission v. City of Birmingham

ROBERTSON, Presiding Judge.

This is an appeal from a judgment of the Jefferson County Circuit Court quieting title under § 6-6-560, Ala. Code 1975, in favor of the City of Birmingham (“the City”) with respect to an easement claimed by the Alabama Historical Commission, an Alabama public corporation organized under § 41-9-240, Ala. Code 1975 (“the Commission”).

The City filed the action to quiet title on December 2, 1998, naming as defendants the property in question and the Commission. The Commission answered and counterclaimed, seeking declaratory relief as to the validity of its easement and…