From Casetext: Smarter Legal Research

Jefferson County v. Richards

Supreme Court of Alabama
Aug 30, 1996
682 So. 2d 409 (Ala. 1996)

Opinion

1930255.

August 30, 1996.

Appeal from Jefferson Circuit Court (CV-92-3191); John E. Rochester, Judge.

Edwin A. Strickland, Charles S. Wagner and Jeffrey M. Sewell, County Attorney's Office, Birmingham, for Jefferson County, Alabama.

Thomas L. Stewart and Mary H. Thompson of Gorham Waldrep, P.C., Birmingham, and William M. Slaughter, Richard H. Walston and Robert D. Shattuck, Jr. of Haskell, Slaughter, Young Johnston, P.A., Birmingham, for Birmingham-Jefferson Civic Center Authority.

William J. Baxley and Joel E. Dillard of Baxley, Dillard, Dauphin McKnight, Birmingham, for Appellees.


On Remand from the Supreme Court of the United States


In accordance with the June 10, 1996, opinion and order of the Supreme Court of the United States, we vacate the March 31, 1995, judgment of this Court in this cause. The petition for permission to appeal presented two questions: res judicata and equal protection. The opinion of the Supreme Court compels a holding that the Circuit Court of Jefferson County correctly held that these plaintiffs are not barred by res judicata from maintaining their Federal claim in this action. The Supreme Court expressly declined to rule on the equal protection question. See footnote 3, ___ U.S. at ___, 116 S.Ct. at 1765.

Richards v. Jefferson County, Alabama, ___ U.S. ___, 116 S.Ct. 1761, 135 L.Ed.2d 76 (1996).

The Circuit Court of Jefferson County denied a summary judgment on the Federal equal protection claim solely on the basis of its holding that the doctrine of res judicata does not bar this claim, and, on this basis, we affirm its denial of the summary judgment on this claim. Because the circuit court has not ruled on the merits of the equal protection claim, this appeal does not present the merits of this claim for review in this Court. The cause is remanded for further proceedings consistent with the opinion of the Supreme Court of the United States.

AFFIRMED; CAUSE REMANDED.

HOOPER, C.J., and MADDOX, SHORES, KENNEDY, COOK, and BUTTS, JJ., concur.


Summaries of

Jefferson County v. Richards

Supreme Court of Alabama
Aug 30, 1996
682 So. 2d 409 (Ala. 1996)
Case details for

Jefferson County v. Richards

Case Details

Full title:JEFFERSON COUNTY and the Birmingham-Jefferson Civic Center Authority v…

Court:Supreme Court of Alabama

Date published: Aug 30, 1996

Citations

682 So. 2d 409 (Ala. 1996)