Kid's Care, Inc. v. ALA. DEPT. OF HUM. RES.
Citation | 843 So.2d 164 |
Parties | KID'S CARE, INC., et al. v. ALABAMA DEPARTMENT OF HUMAN RESOURCES et al. |
Decision Date | 30 August 2002 |
Court | Alabama Supreme Court |
Josh O. Kelly III, Huntsville, for appellants.
William H. Pryor, Jr., atty. gen., and J. Coleman Campbell, deputy atty. gen., and James E. Long, asst. atty. gen., Department of Human Resources, for appellees.
This is an appeal by Kid's Care, Inc., and Rainbow Daycare Center, Inc. ("the plaintiffs"), from a summary judgment in favor of the defendants Alabama Department of Human Resources ("DHR") and its commissioner, Bill Fuller, and DHR employees Frances Arnold and Margaret Bonham, individually, and in their official capacities, on all claims. In their brief, the plaintiffs claim that they are "seeking a reversal and remand of the case only upon those portions of the complaint seeking to compel the defendants to perform the statutorily required annual market rate study surveys for the years 1998, 1999, 2000." (Emphasis added.)
The plaintiffs operate day-care centers and receive federal and state subsidies for some of the children in their centers to help offset the cost of day care for those children. In their brief to this Court, the plaintiffs state the following facts:
(Appellants' brief at pp. 9-10.)
Act No. 98-496, Act No. 99-441, and Act No. 2000-408 contain the same provision regarding the reimbursement to child-care providers for child-care services.1 That provision reads as follows:
(Emphasis added.)
The plaintiffs allege that they are child-care providers. They do not state whether they have been reimbursed for child-care services at "their published rate for the particular category of care" or at "the 75th percentile of the local market rate." Because they are entitled to only the lesser sum of those two rates, we cannot ascertain how they could be injured by the failure of the DHR or its employees to establish the local market rate.
The plaintiffs' standing is an essential component of justiciability:
Ex parte State ex rel. James, 711 So.2d 952, 960 (Ala.1998).
"[S]ince the question of standing goes to this Court's jurisdiction, we must decide the issue even though the court below passed over it without comment."
Jenkins v. McKeithen, 395 U.S. 411, 421, 89 S.Ct. 1843, 23 L.Ed.2d 404 (1969) (citation omitted).
Standing requires injury in fact. This Court stated in State v. Property at 2018 Rainbow Drive, 740 So.2d 1025 (Ala. 1999):
"Standing ... turns on `whether the party has been injured in fact and whether the injury is to a legally protected right.' Romer v. Board of County Comm'rs of the County of Pueblo, 956 P.2d 566, 581 (Colo.1998) (Kourlis, J., dissenting)
(emphasis added [in Property at 2018 Rainbow Drive]). See also NAACP v. Town of East Haven, 892 F.Supp. 46 (D.Conn.1995)....
"If a named plaintiff has not been injured by the wrong alleged in the complaint, then no case or controversy is presented and the plaintiff has no standing to sue either on his own behalf or on behalf of a class." Ex parte Prudential Ins. Co. of America, 721 So.2d 1135, 1137 (Ala.1998); see also Ex parte Blue Cross & Blue Shield of Alabama, 582 So.2d 469, 474 (Ala.1991). A party's injury must be "tangible," see Reid v. City of Birmingham, 274 Ala. 629, 639, 150 So.2d 735, 744 (1963); and a party must have "a concrete stake in the outcome of the court's decision." Brown Mech. Contractors, Inc. v. Centennial Ins. Co., 431 So.2d 932, 937 (Ala.1983).
We fail to see how the plaintiffs have been injured. The DHR was to establish the local market rate for child-care services either annually or every two years (depending upon which of the three appropriation acts is involved); it failed to do so. What tangible, concrete injury did this failure afflict on the plaintiffs?
For all that appears in the record, the plaintiffs were reimbursed by DHR at their published rates for child-care services. If 75% of the local market rate was above their published rates, then their rates would remain the same. If 75% of the local market rate was below their published rates, then their reimbursement would decrease, because they can be paid only the lesser of the two rates. Nothing in the record shows that the local market rate survey specified in the budget acts had anything to do with the published rates of the plaintiffs or any child-care provider.
Because...
To continue reading
Request your trial-
Smith v. LeFleur (Ex parte LeFleur)
...2d 735, 744 (1963) ; and a party must have "a concrete stake in the outcome of the court's decision." ’ Kid's Care, Inc. v. Alabama Dep't of Human Res., 843 So. 2d 164, 167 (Ala. 2002) (quoting Brown Mech. Contractors, Inc. v. Centennial Ins. Co., 431 So. 2d 932, 937 (Ala. 1983) ). The plai......
-
Ex parte State ex rel. Ala. Policy Inst.
...1056 (Ala.2010) ; Town of Cedar Bluff v. Citizens Caring for Children, 904 So.2d 1253 (Ala.2004) ; and Kid's Care, Inc. v. Alabama Dep't of Human Res., 843 So.2d 164 (Ala.2002). The public-interest groups' alleged injuries in this case are not personal or individual in nature. Their injurie......
-
CITY OF DOTHAN PERSONNEL BD. v. DeVane
...this court, each submitted additional arguments in letter briefs. The issue of standing is jurisdictional. Kid's Care, Inc. v. Alabama Dep't of Human Res., 843 So.2d 164 (Ala.2002); McCurdy v. L.C. Props., L.L.C., 781 So.2d 991 (Ala.2000); State v. Property at 2018 Rainbow Drive, 740 So.2d ......
-
Langham v. Wampol
...A void judgment will not support an appeal. Baldwin County v. Bay Minette, 854 So.2d 42 (Ala.2003); Kid's Care, Inc. v. Alabama Dep't of Human Resources, 843 So.2d 164 (Ala.2002)." Moore v. John Hancock Life Ins. Co., 876 So.2d 443, 448 (Ala.2003). Accordingly, the summary judgment in favor......
-
Alabama's Class Action Statute Turns 20: a Defense Retrospective
...sue either on his own behalf or on behalf of a class." CIT Commc'n, 37 So. 3d 122 (quoting Kid's Care, Inc. v. Ala. Dep't of Human Res., 843 So. 2d 164, 167 (Ala. 2002)). Likewise, deprivation of the named plaintiff's standing after suit through the doctrine of mootness eliminates the abili......