Providence Park, Inc. v. Mobile City Planning Commission

I respectfully dissent from the majority’s reversal of the trial court’s judgment; I would affirm the trial court’s denial of Providence Park’s petition for a writ of mandamus.

A petitioner seeking a writ of mandamus must demonstrate, among other things, “a clear legal right to the relief sought.” Alabama Dep’t of Mental Health & Mental Retardation v. State, 718 So.2d 74, 75 (Ala.Civ.App.1998). This court also has held that “in an appeal from the trial court’s denial of a petition for a writ of mandamus, [we] must indulge all reasonable presumptions favoring the correctness of the judgment…