Hilton v. Haleyville Housing Authority

MADDOX, Justice (dissenting).

The majority has held that the issues raised by the declaratory judgment proceeding could have been litigated in the pending condemnation proceeding. I disagree. The complainant sought reformation of a written instrument, an established ground of equitable jurisdiction1 and .this issue could not be tried in the pending condemnation proceeding.

This lawsuit resulted because the parties disagreed on the amount to which the Hiltons were entitled. The Housing Authority claims that the agreement set the price of the land at $25,000 whether they decided to condemn the…