Carroll v. City of Gardendale

612 So. 2d 469, 1992 Ala. Civ. App. LEXIS 225, 1992 WL 101420
CourtCourt of Civil Appeals of Alabama
DecidedMay 15, 1992
Docket2900754
StatusPublished

This text of 612 So. 2d 469 (Carroll v. City of Gardendale) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carroll v. City of Gardendale, 612 So. 2d 469, 1992 Ala. Civ. App. LEXIS 225, 1992 WL 101420 (Ala. Ct. App. 1992).

Opinion

THIGPEN, Judge.

This case challenges an approval by the City of Gardendale Planning and Zoning Commission (Commission) regarding Garden Forest Subdivision (Subdivision) which lies within the City of Gardendale (Garden-dale) on the south and east boundaries of the City of Fultondale (Fultondale). The streets providing ingress and egress to the Subdivision traverse through both cities. The streets involved are Honeysuckle Drive, which extends to Fultondale and Gardendale, and Leslie Lane, which lies within the Subdivision.

The plaintiffs own real property located within Gardendale; however, the property of Plaintiff Carroll is located on the west and north sides of Honeysuckle, outside the Subdivision. Honeysuckle was a dead-end road, terminating at Carroll’s property near the east line of the Subdivision.

On June 12, 1986, the Commission approved preliminary plans for the Subdivision conditioned on Subdivision access from Hunters Run Road, until the developers could obtain a 50-foot right-of-way along the southern end of Honeysuckle. Thereafter, final approval provided for a cul-de-sac at the end of Leslie, at or near where it would eventually connect to Honeysuckle. The Subdivision was constructed in conformity with that approved plan. Diagrams of the area to facilitate an understanding of the case follow. Figure 1 reflects the areas as the preliminary plans were approved. Figure 2 reflects the area after the opening of Leslie onto Honeysuckle.

Thereafter, following a public hearing in July 1988, the Commission approved a requested resurvey of Lot 13 in the cul-de-sac of the Subdivision on Leslie, permitting a connection from Leslie to Honeysuckle, and providing a 50-foot right-of-way for that portion of Honeysuckle lying within Gar-dendale. The developers were not successful in acquiring a 50-foot right-of-way through Fultondale as originally provided in the approval of the Subdivision. The alleged needs to open the cul-de-sac were to provide the Subdivision residents with a Gardendale mail code, and to provide better emergency services by Gardendale. The United States Postal Service had refused to grant the Subdivision a Gardendale mail code since its service came by way of Hunters Run which originates in Fultondale. The evidence indicated that if mail was delivered along Honeysuckle, the Subdivision could have a Gardendale mail code, although most of Honeysuckle lies in Ful-tondale.

After approval by the Commission of the resurvey allowing the Leslie cul-de-sac to be opened onto Honeysuckle, the plaintiffs filed a complaint requesting the trial court to enjoin the use of Honeysuckle as a connection to the Subdivision until such time as Honeysuckle complies with subdivision regulations of Gardendale and Fultondale. The complaint further alleged that the [471]*471elimination of the cul-de-sac was arbitrary and capricious.

On the date of trial, the plaintiffs filed an amended complaint, alleging that in vacating the cul-de-sac, the Commission and Gar-dendale failed to follow the procedure set out in Ala.Code 1975, § 23-4-2, to vacate the cul-de-sac, and that said vacation was not in the public interest because Honeysuckle does not meet subdivision requirements of Jefferson County, Gardendale, or Fultondale. Due to the lateness of the filing of the amendment, the trial court refused to allow the plaintiffs’ amendment and refused to allow the attorneys an opportunity to argue that provision of the law. Nevertheless, the plaintiffs argued that the violation or failure to heed this statute proves that the Commission’s actions were arbitrary and capricious. After receiving the evidence, the court entered its order, finding as follows:

“1. The Plaintiffs are individuals who live on Honeysuckle Drive in Gardendale, Alabama. Honeysuckle Drive may be described as a relatively narrow lane which runs from the heavily traveled Pi-neywood Road to a dead end at the property owned by the Carrolls.
“2. On June 12, 1986, the Gardendale Planning and Zoning Commission (‘Commission’) approved the preliminary plans for the Garden Forest Residential Subdivision (‘Subdivision’). At the time the Commission gave its approval it provided that until the developers could obtain a 50 foot right-of-way along Honeysuckle Drive, the only ingress and egress to the Subdivision would be from Hunters Run.
“3. On September 11, 1986, the developers reported to the Commission that they had been unable to obtain a 50 foot right-of-way along Honeysuckle Drive. The Commission then approved a revised map of the Subdivision which shows Leslie Lane, which would have been the road connecting with Honeysuckle Drive, to be a cul-de-sac instead of a through street.
“4. On April 9, 1987, the Commission again approved an amended map of the Subdivision. The amended map primarily changed the size of certain lots and it shows Leslie Lane as a cul-de-sac.
“5. On July 14, 1988, the Commission once again held a public hearing on the issue of making Leslie Lane a through street by connecting it with Honeysuckle Drive. By connecting Leslie Lane to Honeysuckle Drive, the Subdivision obtained ingress and egress by a shorter, more direct route from the business district of Gardendale (and its police and fire departments) and it allowed the Subdivision to have a Gardendale zip code. The Commission approved a resurvey of Lot 13 of the Subdivision which connected the cul-de-sac at the end of Leslie Lane to Honeysuckle Drive.
“6. The Plaintiffs have all owned their homes on Honeysuckle Drive for a long time. They did not purchase their houses based upon any maps of the Subdivision and have not taken any action or made material changes in reliance upon the Subdivision maps. The residents of the Subdivision favor the extension of Leslie Lane to Honeysuckle Drive and the additional ingress and egress it provides.
“7. Although there are narrow spots along Honeysuckle Drive, fire trucks, police cars and other emergency vehicles can and actually have traveled along Honeysuckle Drive to reach the Subdivision. Being the more direct access to the Subdivision, it is quicker for the emergency vehicles to travel to the Subdivision by using Honeysuckle Drive than it is to go through a portion of Fultondale, Alabama and come into the Subdivision from Hunters Lane.
“8. Because of the location of the city limits of Gardendale and Fultondale, the only direct access to the Subdivision from the rest of Gardendale is along Honeysuckle Drive. To go from Garden-dale to the Subdivision using the Hunters Lane route, a person must go through a portion of Fultondale. Because of this, the U.S. Postal Service changed the Subdivision’s zip code to a Fultondale zip code. This in turn resulted in emergency calls being made to 911 being routed to the Fultondale emergency services in[472]*472stead of the Gardendale services. Ful-tondale would then transfer the calls to Gardendale which caused additional delays in the response to the emergency situation. After the connection of Leslie Lane to Honeysuckle Drive, the Postal authorities reassigned a Gardendale mail code to the Subdivision, and its emergency calls to 911 now go directly to Garden-dale. One witness testified that while the 911 calls were going to Fultondale it took 15 to 20 minutes for the Gardendale emergency services to respond to his call.

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429 So. 2d 945 (Supreme Court of Alabama, 1983)
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Bluebook (online)
612 So. 2d 469, 1992 Ala. Civ. App. LEXIS 225, 1992 WL 101420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-city-of-gardendale-alacivapp-1992.