Donnelly v. Doak
| Decision Date | 20 May 1977 |
| Citation | 346 So.2d 414 |
| Parties | James R. DONNELLY et al. v. Hugh K. DOAK et al. SC 2251. |
| Court | Alabama Supreme Court |
Aubrey O. Lammons, Huntsville, for appellants.
Joe M. Berry and James T. Baxter, of Cloud, Berry, Ables, Blanton & Tatum, David Craddock, Huntsville, for appellees.
The plaintiffs-appellants are all homeowners in the Sunset Valley Subdivision, Third Addition, which is located in the City of Huntsville. The defendants-appellees are the twelve members of the Huntsville Planning Commission, the City of Huntsville, and E. M. Windsor, the developer of the Buck's Canyon Subdivision. The appellants filed a complaint in Madison County Circuit Court, seeking a declaratory judgment as to the legality of the Huntsville Planning Commission's approval of the Buck's Canyon Subdivision plat. Appellants sought a ruling by the trial court that the Commission's approval of the Buck's Canyon Subdivision plat was void on the following two grounds: (1) the plat was in violation of Huntsville's Subdivision Regulations; (2) final approval by the Commission was improper in that one of the Commission members who voted in favor of approval was disqualified because of a conflict of interest.
The case was heard ore tenus and on November 2, 1976 the trial court ruled that the appellants had failed to reasonably satisfy it that the Buck's Canyon Subdivision plat contained such irregularities as to make it void as a matter of law. The court also found that the appellants failed to reasonably satisfy it that the action of the Commission, in granting final plat approval for the Buck's Canyon Subdivision, should be declared void. Hence this appeal.
In April 1976 appellee Windsor submitted to the Huntsville Planning Commission, for layout approval, a subdivision plat of what is now called Buck's Canyon Subdivision. The land composing this subdivision abuts the Sunset Valley Subdivision, Third Addition, on the eastern boundary. To gain access to the Buck's Canyon property the plat depicted the extension of an existing road, Valley Lane, along the rear lot lines of the appellants' three lots. It was this design feature which precipitated the controversy which has now made its way to this court.
Between April and August of 1976 the Huntsville Planning Commission labored with the controversy that surrounded their consideration of Buck's Canyon Subdivision. The Commission meetings were open, and well attended by all parties concerned. The appellants retained counsel during this period of time who acted as their representative at these meetings. There is no contention that the Commission proceedings were not well announced and from the record it appears that both sides of the issue were given ample opportunity to make their feelings known to the Commission.
On August 24, 1976 the Commission met, with eleven of its twelve members present, and by a vote of six to four granted final approval for the Buck's Canyon Subdivision Plat. The chairman abstained in that he voted only in the event of a tie vote.
At trial, the appellants attacked the legality of the design of the plat as finally approved. It was their contention before the trial court and it is their contention here that the extension of Valley Lane created "double fronting" on their property, which was in violation of the Huntsville Subdivision Regulations. "Double fronting" occurs when there is a public right of way in the front of a lot as well as a right of way on the side or in the rear of the lot.
The basis for the appellants' contention, regarding the alleged conflict of interest, is that one of the Planning Commission members, Tom Johnson, is an employee of the engineering company which prepared the Buck's Canyon Subdivision, Jones & Sons, Inc. At trial Mr. Johnson testified that he was a salaried employee of Jones & Sons, Inc., and that his vote for approval of the Buck's Canyon Subdivision plat was in no way influenced by his employment. Appellants contend that Mr. Johnson was disqualified from voting on this particular plat under Robert's Rules of Order, which had been adopted by the Commission as its guide for parliamentary procedure. With Mr....
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