Bedingfield v. Mooresville Town Council

782 So. 2d 290, 2000 Ala. LEXIS 358
CourtSupreme Court of Alabama
DecidedAugust 25, 2000
Docket1981892
StatusPublished

This text of 782 So. 2d 290 (Bedingfield v. Mooresville Town Council) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bedingfield v. Mooresville Town Council, 782 So. 2d 290, 2000 Ala. LEXIS 358 (Ala. 2000).

Opinion

JOHNSTONE, Justice.

Plaintiffs Mack Bedingfield, Jr., Mary Bedingfield, Classie Mae Peebles, Egbert Peebles, Lyla M. Peebles, Withers G. Pee-bles, Jr., Withers G. Peebles III, John Brent Peebles, Annie R. Yarbrough, and Milton E. Yarbrough, Jr. (Bedingfield group), petitioned this Court for a writ of certiorari for review of the decision of the Court of Civil Appeals affirming an adverse summary judgment and applying a substantial-compliance analysis to the zoning-ordinance notice requirements of §§ 11-52-77 and 11-52-78, Ala.Code 1975. We granted the writ to determine whether the Court of Civil Appeals’ decision conflicts with Kennon & Assocs., Inc. v. Gentry, 492 So.2d 312 (Ala.1986), and its progeny. We reverse and remand.

On March 20, 1990, after proper notice and public debate, the Town Council of the Town of Mooresville adopted an ordinance to establish a zoning commission as authorized by § 11-52-79, Ala.Code 1975. Pursuant to the new ordinance, the Town Council appointed the zoning commission and charged it with developing zoning districts and regulations for the Council’s review.

On November 20, 1990, after two public meetings concerning boundaries and property uses, the zoning commission voted “to recommend the preliminary report to the Town Council.” On February 11, 1991, the chairman of the zoning commission submitted a final report and a proposed zoning ordinance, which incorporated a zoning map to locate the particular zones within the town, to the Town Council. On March 19, 1991, at a regular Council meeting, the Town Council passed an ordinance authorizing the posting of the zoning ordinance and map submitted by the zoning commission. Notice of the proposed zoning ordinance and map was posted in four conspicuous places in town. The notice stated that the proposed zoning ordinance and map would be considered at the April 4,1991, meeting of the Town Council.

On March 29, 1991, the Bedingfield group filed an action to enjoin the Town [292]*292Council’s consideration of the proposed zoning ordinance and to recover damages if the Town Council adopted the ordinance. The Bedingfield group named as defendants the Town of Mooresville, the Town Council, and the individual members of the Town Council.

The trial court did not enjoin the April 4, 1991, meeting of the Town Council, and the Town Council considered and adopted the proposed ordinance and map at its April 4, 1991, meeting. Before adopting the ordinance and the map, however, the Town Council changed the zoning classification of two lots belonging to Milton E. Yarbrough, Jr., one of the plaintiffs, from residential to business because, through error or oversight, the lots had been excluded from the business district on the original zoning map. This change is the gravamen of the pertinent claim by the Bedingfield group.

Thereafter, the Town Council and the other defendants moved to dismiss the lawsuit filed by the Bedingfield group. The Bedingfield group amended their complaint to allege, among their theories, that:

“21. The allegations of Count Two arise under the due process of law clause in the Fourteenth Amendment to the Constitution of the United States and the procedures for adopting a comprehensive zoning ordinance in Code of Alabama, 1975, Sections 11-52-77, 11-52-78 and 11-52-79.
“22. The Defendant Mooresville Town Council has denied due process of law, both substantive and procedural, to the [Bedingfield group] by failing to follow the requirements of the Code of Alabama, 1975 sections recited above as they relate to duties, notice, hearings and reports in enacting a comprehensive zoning ordinance.”

Subsequently, the Bedingfield group moved for a summary judgment and filed a brief in support thereof. Upon the request of the defendants, the trial court treated the defendants’ motion to dismiss as a motion for a summary judgment. The Bedingfield group filed an opposition to the defendants’ summary judgment motion and filed another summary judgment motion, along with exhibits. The defendants filed a supplemental affidavit in support of their motion. After arguments of counsel, the trial court entered summary judgment in favor of the defendants. The Bedingfield group filed a postjudgment motion and, after its denial, a notice of appeal. This Court transferred the appeal to the Court of Civil Appeals, pursuant to § 12-2-7, Ala.Code 1975.

In affirming the judgment of the trial court, the Court of Civil Appeals applied a “substantial-compliance” analysis to the notice and hearing requirements of §§ 11-52-77 and 11-52-78. Bedingfield v. Mooresville Tonm Council, 782 So.2d 284 (Ala.Civ.App.1999). The Court of Civil Appeals concluded that

“that portion of § 11-52-78 that mandates the application of the notice and hearing requirements governing proposed ordinances to ‘changes and amendments’ to ordinances is not applicable to revisions to a proposed ordinance made at a previously noticed hearing convened to consider the merits of the original ordinance, at least where the revisions are not so substantial as to compel the conclusion that the municipal legislative body has exceeded the scope of the original notice. See Budco Theatres, Inc. v. Zoning Hearing Bd., 159 Pa.Commw. 257, 263-64, 632 A.2d 1072, 1075-76 (1993)....”

782 So.2d at 289.

In their petition for a writ of certiorari, the Bedingfield group contends that the reclassification of Yarbrough’s property [293]*293amended the zoning ordinance and that §§ 11-52-77 and 11-52-78 require notice of an amendment to a zoning ordinance before the amendment can be enacted. Kennon & Assocs., Inc. v. Gentry, 492 So.2d 312 (Ala.1986). In Kennon, this Court held:

“[T]he statutory 15-day notice requirements contained in § 11-52-74 and § 11-52-77 are mandatory and ‘must both be complied with when a city publishes notice of a proposed zoning ordinance or amendment.’ ”

492 So.2d at 315 (quoting Builders Dev. Co. v. City of Opelika, 360 So.2d 962, 964 (Ala.1978)). This Court further stated:

“[W]here there had been a failure to strictly follow the procedural requirements applicable to the action sought, especially notice provisions, this Court has invalidated the ordinance passed or the action taken, irrespective of ivhether any person was prejudiced by the error or omission. See [1 Anderson, American Law of Zoning, § 405 (2d ed. 1976)], and cases cited at n. 37, p. 189. Thus, not only has the City of Phenix City in this case adopted regulations which by their express terms make specific notice requirements mandatory, but also there is ample authority for the view that, in adopting or amending a zoning ordinance, mandated procedural steps, especially notice requirements, must be strictly followed. We adhere to this view in the present case.”

492 So.2d at 318. The Legislature repealed § 11-52-74 (“Publication of ordinance providing for zones.”) in 1981, and now § 11-52-77 contains the requirements for public notice of, and public hearing on, zoning ordinances. At the time applicable to this case it provided, in pertinent part:

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Related

Bedingfield v. Mooresville Town Council
782 So. 2d 284 (Court of Civil Appeals of Alabama, 1999)
Kennon & Associates, Inc. v. Gentry
492 So. 2d 312 (Supreme Court of Alabama, 1986)
Builders Dev. Co. v. City of Opelika
360 So. 2d 962 (Supreme Court of Alabama, 1978)
Budco Theatres, Inc. v. Zoning Hearing Board
632 A.2d 1072 (Commonwealth Court of Pennsylvania, 1993)

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Bluebook (online)
782 So. 2d 290, 2000 Ala. LEXIS 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bedingfield-v-mooresville-town-council-ala-2000.