Ala. Dept. of Transp. v. Blue Ridge Sand and Gravel, Inc.

The Alabama Department of Transportation and a number of its officials and employees, who were defendants in the circuit court, appeal from a preliminary injunction. The circuit court's injunction has the effect of prohibiting the use of the Department's "Standard Specifications for Highway Construction" unless and until those specifications are adopted as rules pursuant to the Alabama Administrative Procedure Act ("AAPA") Ala. Code 1975, § 41-22-1 to -27. We conclude that the injunction should be dissolved and the case remanded.

The plaintiffs, Blue Ridge Sand and Gravel, Inc., and Bob Estes,…