Legal Opinion

Benson W. Peak v. City of Tuscaloosa.

Court of Criminal Appeals of Alabama

Decided April 29, 2011No. CR-09-0805PublishedCited by 7 opinions

1Opinion of the Court

WELCH, Presiding Judge.

Benson W. Peak was convicted in the Tuscaloosa Municipal Court of failing to register a wastewater system, i.e., a septic tank, a violation of §§ 13-51(3) and (16) of the Tuscaloosa Municipal Code. He appealed for a trial de novo in the circuit court and, after a jury trial, was again convicted of failing to register a wastewa-ter system. The circuit court ordered him to pay a $250 fine plus court costs.

The undisputed evidence presented at trial indicates that Peak owns property in the drainage basin 1 of Lake Tuscaloosa located within the police jurisdiction of the…

2Cases cited116 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  3. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
  4. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  5. City of New Orleans v. DukesSupreme Court of the United States · 1976

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3Cited by7 opinions

  1. J.D.I. v. StateCourt of Criminal Appeals of Alabama · 2011
  2. Prolerized New England Company v. City of ManchesterSupreme Court of New Hampshire · 2014
  3. Tulley v. City of JacksonvilleSupreme Court of Alabama · 2015
  4. KTK Mining of Virginia, LLC v. City of SelmaDistrict Court, S.D. Alabama · 2013
  5. City of Gulf Shores v. Coyote Beach Sports, LLC (Appeal from Baldwin Circuit Court: CV-21-900648).Supreme Court of Alabama · 2024

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