Summary
affirming dismissal of declaratory-judgment action because such an action was not the appropriate vehicle for reviewing an agency decision or for seeking to rescind an agency action
Summary of this case from Lee v. Alabama Board of NursingOpinion
87-1277.
June 16, 1989.
Petition for Writ of Certiorari to the Court of Civil Appeals, 547 So.2d 549.
William J. Baxley, Joel E. Dillard and Kearney Dee Hutsler III of Baxley, Dillard Dauphin, Birmingham, for petitioner.
Jeffery A. Foshee and Edward M. George, Montgomery, for respondents State Bd. of Educ., Erskine S. Murray, Rod Goode and Thomas W. Buckelew, individually and as members of the Appeals Committee of the State Bd. of Educ.
James R. Knight of Knight Griffith and Martha E. Williams, Cullman, for respondents Wallace State Community College-Hanceville and Dr. James C. Bailey, individually, and in his capacity as President of Wallace State Community College-Hanceville.
The petition for writ of certiorari is quashed as improvidently granted.
In quashing the petition for writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Civil Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).
WRIT QUASHED AS IMPROVIDENTLY GRANTED.
HORNSBY, C.J., and JONES, ALMON, SHORES, HOUSTON and STEAGALL, JJ., concur.
KENNEDY, J., recused.
MADDOX, J., not sitting.