City of Selma v. Dallas County
Court | Supreme Court of Alabama |
Citation | 964 So.2d 12 |
Docket Number | 1051711. |
Parties | CITY OF SELMA v. DALLAS COUNTY. |
Decision Date | 09 March 2007 |
Alex L. Holtsford, Jr., Rick A. Howard, and April W. McKay of Nix Holtsford Gilliland Higgins & Hitson, P.C., Montgomery, for appellant.
John W. Kelly III and J. Wesley Kelly IV of Kelly & Kelly, Selma; J. Garrison Thompson, Selma; and Winthrop E. Johnson of Webb & Eley, P.C., Montgomery, for appellee.
The City of Selma ("the City") appeals from a summary judgment in favor of Dallas County ("the County") in the City's declaratory-judgment action challenging the right of the County to erect a communications tower at the Dallas County courthouse, which is located within the geographical limits of the City. We affirm.
In May 2006, the County began construction of a communications tower on the premises of the Dallas County courthouse. The City commenced this action, seeking to enjoin the construction of the tower on the ground that the location of the tower violated two of the City's ordinances: Ord. 01-9091, "An Ordinance to Provide for Designation of Historic Properties or Historic Districts" ("the historic ordinance"), and Ord. COS 013-00/01, "A Local Ordinance Regulating the Siting of Wireless Telecommunications Facilities" ("the tower ordinance"). It also alleged that construction of the tower violated Ala. Const.1901, § 220.
The City and the County filed cross-motions for a summary judgment. The trial court granted the County's motion and denied the City's motion. It found that the tower ordinance and the historic ordinance were zoning ordinances and held that neither ordinance was enforceable against the County. It also held that construction of the tower did not offend § 220. From that judgment, the City appealed.
We provide the underlying facts, which are undisputed or unchallenged, as well as much of the relevant statutory authority, from the affidavit of Brett H. Howard, director of the Dallas County Department of Homeland Security and Emergency Management:
"3. [The state department] is a state agency established by the Alabama Homeland Security Act of 2003, appearing in § 31-9A-1, et seq., Code of Alabama 1975, as amended [`the AHSA']. It was established in order to ensure that the preparations in the state of Alabama will be adequate to deal with events of the nature of the unprecedented and devastating attack of September 11, 2001, upon the people and the vital infrastructure of the United States and to protect and preserve the life, health, welfare, and property of the people of Alabama. (See § 31-9A-2, Code of Alabama, 1975, as amended.)
The duties of the [director of the state department] include:
" " [The state department] was further established for the purpose of assisting, coordinating, and encouraging homeland security preparedness by state departments and agencies and political subdivisions of the state by authorizing the making of grants to the political subdivisions of this state for the purpose of promoting homeland security. (See § 31-9A-2(b).) As such, the is the principal state agency which coordinates the receipt and distribution of funds available from any source with regard to Homeland Security related items, issues, and services. (See § 31-9A-4(b).)
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