Gulf State Park Authority v. Gulf Beach Hotel, Inc.

22 So. 3d 432, 2009 Ala. LEXIS 62, 2009 WL 794572
CourtSupreme Court of Alabama
DecidedMarch 27, 2009
Docket1071551 and 1071552
StatusPublished
Cited by3 cases

This text of 22 So. 3d 432 (Gulf State Park Authority v. Gulf Beach Hotel, Inc.) 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
Gulf State Park Authority v. Gulf Beach Hotel, Inc., 22 So. 3d 432, 2009 Ala. LEXIS 62, 2009 WL 794572 (Ala. 2009).

Opinions

WOODALL, Justice.

In separately filed declaratory-judgment actions, Gulf Beach Hotel, Inc., and Charley Grimsley (hereinafter referred to collectively as “the hotel”) attacked the legality of an agreement, a memorandum of understanding, between the Alabama Department of Conservation and Natural Resources (“the Department”) and Auburn University (“the University”) for the long-term lease of a portion of Gulf State Park (“the park”), more specifically, the site of the former Gulf State Park Lodge (“the lodge”), which was destroyed by Hurricane Ivan in 2004. The trial court consolidated [435]*435the declaratory-judgment actions. The defendants named in those consolidated actions were Governor Bob Riley; M. Barnett Lawley, commissioner of the Department; Finance Director James Allen Main; the University; Gulf State Park Authority (“the Authority”); the Department; Dr. Jay Gogue (successor to Edward R. Richardson), president of the University; West Paces Hotel Group, LLC; and Marcus Easterwood, Richard Liles, and Terry Boyd, officials of the Department. Gulf Beach Hotel, Inc., operates the Perdido Beach Resort, a hotel and conference center located near the park. Grimsley is a citizen and taxpayer of the State of Alabama.

The Alabama Education Association (“the AEA”) and the Alabama State Employees Association were allowed to intervene as plaintiffs. Ultimately, the trial court entered a summary judgment in favor of the hotel and the intervenors, holding that the arrangement proposed by the memorandum of understanding and between the Department and the University violates various statutory and constitutional provisions. The defendants filed a notice of appeal in each declaratory-judgment action, and the appeals have been consolidated. We dismiss the Department, the University, and the Authority as defendants, and we vacate the trial court’s judgment insofar as those defendants are concerned; otherwise, we affirm in part and reverse in part.

I. Applicability of Doctrine of State Immunity

Article I, § 14, Alabama Constitution of 1901, provides “[t]hat the State of Alabama shall never be made a defendant in any court of law or equity.” “This Court has extended the restriction on suits against the State found in § 14 ‘to the state’s institutions of higher learning’ and has held those institutions absolutely immune from suit as agencies of the State.” Ex parte Troy Univ., 961 So.2d 105, 109 (Ala.2006). Consequently, we vacate the judgment as to the University and dismiss the University as a defendant. See Alabama Agric. & Mech. Univ. v. Jones, 895 So.2d 867, 873 (Ala.2004).

The Department is a State agency. See § 9-2-1 et seq., Ala.Code 1975. Therefore, § 14 affords it absolute immunity from suit and deprives the trial court of subject-matter jurisdiction insofar as the Department is concerned. Ex parte Alabama Dep’t of Transp., 990 So.2d 366, 368 (Ala.2008). We vacate the trial court’s judgment insofar as the Department is concerned and dismiss the Department as a defendant.

Similarly, the Authority is “a public corporation and instrumentality of the state.” § 9-14B^(a), Ala.Code 1975. Consequently, it is also entitled to the absolute immunity afforded by § 14. The trial court’s judgment is vacated as to the Authority, and we dismiss the Authority as a defendant. Although three defendants have been dismissed, the presence of the remaining defendants is sufficient to require our consideration of the merits of these appeals.

II. Factual Background

It is the duty of the Department “[t]o maintain, supervise, operate and control all state parks -” § 9-2-2(3), Ala.Code 1975. The park, one of the largest in the State-park system, is located on the coastline in Gulf Shores. For many years, the facilities at the park included the lodge, which provided accommodations for both lodging and meetings. At times, the Department itself operated the lodge; at other times, the lodge was operated by concessionaires pursuant to contracts with the Department. In 2004, the lodge was de[436]*436stroyed by Hurricane Ivan, and it has not been replaced.

Following Governor Riley’s election and his appointment of Lawley as the commissioner of the Department, even before the lodge was destroyed by Hurricane Ivan, the development of a new hotel and conference center on the property on which the lodge was located became a priority of Governor Riley’s and the Department. In 2005, after the lodge had been destroyed, the Department agreed to lease the property upon which the lodge once stood to the University for a term of not less than 70 years and 1 day. The University would in turn “subleas[e] the property for development and operation as a resort and conference center, and for the utilization of the property in [its] curriculum for its hotel and restaurant management programs and other educational programs.” Defendants’ brief, at 11-12. The Department and the University executed a lengthy memorandum of understanding concerning both the lease and the sublease. The memorandum of understanding provides that the primary use of the property will be as a “hotel and coastal resort” and that the University’s use of the property for educational purposes will be allowed only “so long as such activities do not materially or unreasonably interfere with the primary use.” Further, the agreement provides that guests of the proposed new facility “shall be entitled to certain rights and privileges within the ... Park.”

The University has expressed an interest in involving West Paces Hotel Group as a sublessee in developing and operating the resort. The memorandum of understanding provides that the Department and the University will jointly select the sublessee. Plans for the development of the proposed facility will have to be approved by the Department, and the memorandum of understanding gives the Department the right to inspect the property to ensure that it is being properly maintained, as well as the right to cure any maintenance deficiencies. The University’s liability for payments due the Department under the proposed lease will be limited to the proceeds available from any financing for the development and construction of the resort and any money received from the sublessee.

III. The Summary Judgment

In its summary judgment in favor of the hotel and the intervenors, the trial court held that the lease and sublease contemplated by the memorandum of understanding between the Department and the University violated three statutes: the State Parks Concession Act, § 9-14-20 et seq., Ala.Code 1975 (“the Concession Act”); the Gulf State Park Improvement Act, § 9-14B-1 et seq., Ala.Code 1975 (“the Improvement Act”); and the State Land Sales Act, § 9-15-70 et seq., Ala.Code 1975 (“the Sales Act”). The trial court also concluded that the proposed transactions violated two provisions of the Alabama Constitution of 1901, namely §§ 93 and 213.32 (Off.Recomp.) (Amend, no. 617, Ala. Const.1901). On appeal, the defendants challenge each of those holdings. We will, as the parties agree that we should, review each holding de novo.

TV. Analysis

A. The Sales Act

The defendants argue that the Sales Act does not apply to the proposed lease to the University or to the University’s proposed sublease to a developer and, therefore, that the defendants are not required to comply with the competitive-bid provision of the Sales Act. We agree.

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Related

Gulf Beach Hotel, Inc. v. Gulf State Park Authority
58 So. 3d 727 (Supreme Court of Alabama, 2010)
Gulf State Park Authority v. Gulf Beach Hotel, Inc.
22 So. 3d 432 (Supreme Court of Alabama, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
22 So. 3d 432, 2009 Ala. LEXIS 62, 2009 WL 794572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulf-state-park-authority-v-gulf-beach-hotel-inc-ala-2009.