Ex Parte Neely

Cecil Neely sued the State of Alabama; Charley Grimsley, as commissioner of the Department of Conservation and Natural Resources; and others, in the Circuit Court of Madison County, alleging that the state, without any condemnation proceedings, had seized certain real property he owned, located in Jackson and Madison Counties, for the purpose of building a road dedicated to public use. On the motion of the state, the court transferred the case to the Circuit Court of Montgomery County. Neely petitions for a writ of mandamus ordering Circuit Judge Lynwood Smith of the Madison Circuit Court "to…