City of Center Point v. Crowder

142 So. 3d 1129, 2013 WL 5496167
CourtCourt of Civil Appeals of Alabama
DecidedOctober 4, 2013
Docket2120965, 2120966, and 2120967
StatusPublished

This text of 142 So. 3d 1129 (City of Center Point v. Crowder) 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
City of Center Point v. Crowder, 142 So. 3d 1129, 2013 WL 5496167 (Ala. Ct. App. 2013).

Opinion

THOMPSON, Presiding Judge.

In 2011, the City of Center Point (“the city”) sought to have the Alabama Legislature pass an act authorizing the city to use cameras for what it characterized as “automated civil enforcement” of certain traffic violations, including speeding and failure to stop at stop lights or stop signs. In response, the legislature enacted Act No. 2011-580, Ala. Acts 2011 (hereinafter “the Act”). Subsequently, the city’s city council enacted an ordinance incorporating the language of the Act.1

The Act provides, in pertinent part, that a driver who receives notice that he or she has violated the Act may contest the imposition of the civil penalty imposed for the violation by seeking a hearing before an administrative hearing officer appointed by the city’s mayor. If the city’s administrative hearing officer determines that a violation of the Act has occurred, a driver who wants to challenge that determination may do so by filing “a petition for judicial [1131]*1131review to the District Court of Jefferson County.” § 5(1), Act No. 2011-580 (applicable to stop-light and stop-sign violations); § 13(1), Ala. Act. No. 2011-580 (applicable to excessive-speed violations). The Act then specifies that “[t]he district court shall conduct the appeal in the same manner as the court hears a small claims civil action.” § 5(I) and § 13(I), Act No. 2011-580.2

In January 2012, the city notified Kenneth Crowder that he had violated the Act by running a stop sign and that it was imposing a $100 penalty for that violation. Also in January 2012, the city notified Roderick Reginald Harris and Matthew Thomas Driy that they had violated the Act by exceeding the speed limit and that it was imposing $100 penalties for those violations. Crowder, Harris, and Driy (hereinafter collectively referred to as “the drivers”) each challenged the imposition of the penalty by requesting an administrative hearing. The administrative hearing officer upheld the city’s accusation against each driver, and he ordered each driver to pay the applicable penalty imposed by the Act.

The drivers then each timely filed in the Jefferson District Court (“the district court”) a petition for judicial review of the administrative decision upholding the city’s imposition of the penalty. On June 11, 2012, the district court entered an order in each of the actions, in which it found that it lacked subject-matter jurisdiction over the action and purported to transfer the action to the Jefferson Circuit Court (“the trial court”). No party appealed the district court’s orders.

On August 17, 2012, the trial court entered an identical judgment in each action. In its August 17, 2012, judgments, the trial court determined that the Act failed to afford the district court subject-matter jurisdiction to consider the drivers’ petitions for judicial review, or “appeals.” The city filed a postjudgment motion for all three actions. On November 19, 2012, the trial court entered a postjudgment order in each action. In each order, the trial court denied the city’s postjudgment motion and clarified that it had determined that the Act failed to validly confer on the district court the jurisdiction to consider the drivers’ petitions for judicial review, or “appeals.” The city appealed. The drivers have not submitted briefs to this court. We have consolidated the appeals for the purpose of issuing one opinion.

On appeal, the city argues that the trial court lacked subject-matter jurisdiction to consider these actions and to enter its judgments determining that the Act did not confer subject-matter jurisdiction over the drivers’ “appeals” to the district court.3 [1132]*1132The city argues that because the Act provides for appeals by persons such as the drivers in these actions to be brought in the small-claims division of the district court, the circuit court can exercise no jurisdiction over the appeals under the Act.

The jurisdictional issues presented in these appeals were not advanced originally by the parties in the courts below. Rather, comments made by the trial court during the hearings in the underlying actions indicate that district-court personnel and the district judge were uncertain whether the Act had properly conferred subject-matter jurisdiction on the district court and, therefore, whether the district court could properly proceed to consider the drivers’ appeals. The question raised by the district court, which was later considered by the trial court, was whether the district court could, as the Act dictates, treat a petition for judicial review of a decision of the city’s administrative hearing officer as a small-claims action.4

In asserting its argument that, under the Act, only the district court could properly exercise subject-matter jurisdiction over a petition for judicial review of a decision of the city’s hearing officer, the city relies primarily on Article VI, § 143 of the Alabama Constitution of 1901 (Off.Re-comp.), which provides:

“The district court shall be a court of limited jurisdiction and shall exercise uniform original jurisdiction in such cases, and within such geographical boundaries, as shall be prescribed by law, provided that the district court shall hold court in each county seat and at such other places as prescribed by law. The district court shall have jurisdiction of all cases arising under ordinances of municipalities in which there is no municipal court and shall hold court in each incorporated municipality of a population of 1000 or more where there is no municipal court at places prescribed by law.”

(Emphasis added.)

It is undisputed that the city does not operate its own municipal court. Therefore, under Art. VI, § 143, the district court exercises original jurisdiction of all cases involving the violation of the city’s municipal ordinances. The city contends that, in these cases, the district court has jurisdiction over the civil actions arising under the Act, arguing that § 143 affords the district court jurisdiction over “all cases arising under ordinances of municipalities.” 5 (Emphasis added.) In resolving these appeals, this court makes no determination regarding whether the district court may exercise civil jurisdiction in matters pertaining to violations of civil municipal ordinances. Rather, we assume, without deciding, that the district court could exercise civil jurisdiction over actions involving the violation of civil municipal ordinances.

Proceeding under that assumption, we note that, as indicated in note 2, supra, [1133]*1133the provisions of the Act governing an accused driver’s right to appeal specify that the driver must file a “petition for judicial review” of the hearing officer’s decision; the Act then characterizes such a petition for judicial review as an “appeal” that is to be treated as a small-claims action in the district court. See § 5(1), and § 18(1), Act No. 2011-580. The district court concluded that it did not have subject-matter jurisdiction over a petition for judicial review, or an “appeal,” of a purported administrative decision of the city. Accordingly, on June 11, 2012, the district court entered its orders determining that it lacked subject-matter jurisdiction and purporting to transfer the driver’s appeals to the trial court.

The June 11, 2012, orders constituted dismissals of the actions in the district court for lack of subject-matter jurisdiction.

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Bluebook (online)
142 So. 3d 1129, 2013 WL 5496167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-center-point-v-crowder-alacivapp-2013.