Legal Opinion

ALABAMA SURFACE MINING RECLAMATION v. Jolly

Court of Civil Appeals of Alabama

Decided September 20, 1978No. Civ. 1520PublishedCited by 5 opinions

1Opinion of the Court

The Alabama Surface Mining Reclamation Commission, an agency created by the legislature, appeals from a judgment of the Circuit Court of Jefferson County reversing an order of the Commission finding defendants Jolly and Slatton in violation of the Alabama Surface Mining Reclamation Act of 1975. The judgment of the circuit court, though rendered after hearing de novo as provided by § 9-16-51 (b), Code of Alabama (1975), was that the Commission was without jurisdiction to enter its order. It did not decide the matter upon the merits but remanded it to the Commission for further proceedings.

The…

2Cases cited6 opinions

  1. Fleming v. Mohawk Wrecking & Lumber Co.Supreme Court of the United States · 1947
  2. Board of Education of Marshall County v. BaughSupreme Court of Alabama · 1941
  3. Walls v. City of GuntersvilleSupreme Court of Alabama · 1950
  4. Federal Trade Commission v. H. R. Gibson, Sr.Court of Appeals for the Fifth Circuit · 1972
  5. United States v. Marshall Durbin & Co. Of Haleyville, Inc., and Marshall Durbin Broiler Production, Inc.Court of Appeals for the Fifth Circuit · 1966

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3Cited by5 opinions

  1. Allen v. Alabama State Board of EducationDistrict Court, M.D. Alabama · 1985
  2. City of Bessemer v. PERSONNEL BD. ETC.Supreme Court of Alabama · 1982
  3. ALABAMA SURFACE MINING RECLAMATION v. JollyCourt of Civil Appeals of Alabama · 1979
  4. Department of Environmental Mgmt. v. LeafCourt of Civil Appeals of Alabama · 2005
  5. Department of Environmental Mgmt. v. LeafCourt of Civil Appeals of Alabama · 2005

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