Kirkland v. Planning Commission of the Montgomery

636 So. 2d 687, 1994 Ala. Civ. App. LEXIS 128, 1994 WL 84198
CourtCourt of Civil Appeals of Alabama
DecidedMarch 18, 1994
DocketAV92000227
StatusPublished

This text of 636 So. 2d 687 (Kirkland v. Planning Commission of the Montgomery) 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
Kirkland v. Planning Commission of the Montgomery, 636 So. 2d 687, 1994 Ala. Civ. App. LEXIS 128, 1994 WL 84198 (Ala. Ct. App. 1994).

Opinion

PER CURIAM.

Dorothy Kirkland and other residential property owners (“the residents”) on Midfield Drive and on Darrington Road sued the Planning Commission of the City of Montgomery; the City of Montgomery; and The Standard Club, seeking, among other things, a declaration that certain acts of the Commission were unlawful, invalid, and unconstitutional.

Background

The Club sought to develop approximately 14 acres of land, surplus to its golf course, that lies between Midfield Drive and Green-view Drive. The land had to be rezoned from “institutional” to “residential” before development could begin. In September 1989, the Club applied to the Commission to have the land rezoned. That application was denied; however, the Club appealed to the City Council and the Commission’s decision was overruled and the property was rezoned as “residential.”

The Club then applied for final plat approval. That plat provided for a through street from Midfield Drive to Greenview Drive. On April 26, 1990, at a Commission meeting, the residents expressed concerns regarding possible increased traffic that might result from the proposed through street. The chairman of the Commission suggested that the Club consider the idea of a dead-end street with a cul-de-sac, and the Commission voted to delay the request, for further study.

Club representatives met with the residents, and an amended plat was agreed upon as a compromise. On May 18,1990, the Club filed the amended, or alternative, plat with the Commission. The alternative plat eliminated the through street from Midfield Drive and created a cul-de-sac approximately 2,000 feet in length.

At a May 24, 1990, Commission meeting, the original plat and the amended plat, which had both been approved by City engineers [689]*689and by the Club’s engineer, were presented to the Commission. (Notices of this meeting had been mailed to adjoining property owners on May 14.) The Club representative explained both plats in detail. None of the residents present voiced any objections. In fact, minutes of the meeting reveal the following regarding the amended plat:

“Mr. Joe Mclnnes was present and said he would like to thank each of the members for their patience.... He said he is speaking on behalf of a majority of the Midfield Drive/Darrington Road residents, who would like to support Mr. Kaufman’s presentation. He said they think this is in the best interest of the property, although it is not a real good solution, it is the best that has been proposed. He said on behalf of the majority of the residents, he would like to support this proposal, and ask for the Commission’s approval.”

The amended plat was unanimously approved by the Commission.

The residents sued in the circuit court and, after a hearing, the trial court held, on June 18, 1992, that the actions of the Commission were not unconstitutional, illegal, unlawful, arbitrary, or capricious, and that, if there had been irregularities in the approval, the residents had waived any objections and were estopped from raising objections in the court. The residents appeal.

They claim that: 1) when the plat was approved, four members of the Commission were, as a matter of law, disqualified from serving on the Commission because of the Alabama Ethics Act; 2) the Commission violated its own rules and regulations by exceeding the 600-foot restrictions on dead-end streets; and 3) the Commission violated its rule requiring that a final plat be submitted 20 days before it is to be considered.

Standard of Review

Local government authorities are presumed to have superior opportunities to know the general welfare of an area. McClendon v. Shelby County, 484 So.2d 459 (Ala.Civ.App.1985). The question is, was the Commission’s decision to allow a cul-de-sac rather than a through street arbitrary and capricious as based on factors unrelated to the public health, safety, morals, or general welfare? City of Mobile v. Waldon, 429 So.2d 945 (Ala.1983). The trial court held that the decision was not arbitrary and capricious. This order is favored with a presumption of correctness and is not to be disturbed unless it is plainly or palpably wrong or manifestly unjust. Hall v. Jefferson County, 450 So.2d 792 (Ala.1984). Our standard of review, once a substantial relationship to the promotion of the public health, safety, and general welfare has been determined, is whether the Commission’s decision is founded upon “fairly debatable” factual and policy issues. Id.

Holding

After reviewing the record and considering the oral arguments of counsel, we agree with the trial court’s conclusion that the actions of the Commission were not unconstitutional, illegal, unlawful, arbitrary, or capricious.

1. We first address the residents’ claim that the trial court erred in not finding that the Commission acted arbitrarily and capriciously in approving the plat because the cul-de-sac exceeded the maximum length for such streets. The residents contend that the subdivision regulation adopted by the Commission expressly mandates that cul-de-sac streets not be longer than 600 feet. Here, the alternative plat approved by the Commission created a cul-de-sac street approximately 2,000 feet long. The residents argue that the Commission did not grant a variance, or make any finding to support a variance, from the strict application of the 600-foot rule, and that, therefore, the Commission’s action in approving the alternative plat was null and void.

The original plat met all pertinent regulations and was, therefore, subject to approval. See Frazer v. Tyson, 587 So.2d 330 (Ala.1991). However, because the residents were concerned about possible increased traffic if development were based on the original plat, Club representatives met with the residents and the plat was amended to provide for a cul-de-sac rather than a tie-in street. This variance alleviated the potential problem of increased traffic, and it was approved by the [690]*690City engineers, the Commission, the Club, and the residents. We note that the Midfield cul-de-sac, as it existed at the time of the hearing, had previously been granted a variance that would allow the street to extend approximately 1,200 feet.

2. We next address the residents’ contention that the Commission failed to comply with § 11(D)(3) of the subdivision regulations, which provides that a plat be submitted to the Commission at least 20 days before the meeting at which the plat is to be considered. It is undisputed that the original plat submitted complied with the 20-day requirement. The alternate plat was submitted on May 18, 1990, only six days before the May 24, 1990, hearing. The residents claim that that plat was submitted in violation of the 20-day rule, and that the Commission, by approving that plat, violated its own regulations, and also violated the requirement of procedural due process.

Herman Calvin Lott, the planning control director and secretary of the Commission at the time of the plat approval, testified that the 20-day rule is a Commission bylaw intended to ensure that internal office procedures can be completed before the matter is submitted to the Commission for public hearing. The Commission asserts, and we agree, that the alternative plat was a compromise to the original plat, and, as such, did not require a separate submission.

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Related

Sadie v. Tyson
539 So. 2d 1066 (Court of Civil Appeals of Alabama, 1988)
City of Mobile v. Waldon
429 So. 2d 945 (Supreme Court of Alabama, 1983)
Chestnut Hills Civic Ass'n v. Dobbins
361 So. 2d 1043 (Supreme Court of Alabama, 1978)
McClendon v. Shelby County
484 So. 2d 459 (Court of Civil Appeals of Alabama, 1985)
Ex Parte Frazer
587 So. 2d 330 (Supreme Court of Alabama, 1991)
Hall v. Jefferson County
450 So. 2d 792 (Supreme Court of Alabama, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
636 So. 2d 687, 1994 Ala. Civ. App. LEXIS 128, 1994 WL 84198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirkland-v-planning-commission-of-the-montgomery-alacivapp-1994.