Murry v. City of Abbeville
Decision Date | 06 June 2008 |
Docket Number | 1070125. |
Citation | 997 So.2d 299 |
Parties | Henry MURRY v. CITY OF ABBEVILLE. |
Court | Alabama Supreme Court |
Gregory B. McCain, Dothan, for appellant.
Steadman S. Shealy, Jr., Robin C. Freeman, and Stuart K. Smith of Shealy, Crum & Pike, P.C., Dothan, for appellee.
Troy King, atty. gen., and Jamie Ayers Durham, deputy atty. gen., amicus curiae Alabama Home Builders Licensure Borad, in support of the appellant.
The plaintiff, Henry Murry, appeals from a summary judgment in favor of the defendant, the City of Abbeville ("the City"). We reverse and remand.
In 1992, the Alabama Legislature enacted Act No. 92-608, Ala. Acts 1992, codified at § 34-14A-1 et seq., Ala.Code 1975 ("the Act"), for the purpose of regulating the residential home-building and remodeling industries. The Act created the Home Builders Licensure Board, § 34-14A-3, set certain licensing requirements for residential home builders, §§ 34-14A-5 and -7, provided a procedure for the revocation or suspension of licenses, § 34-14A-8, and established a Homeowner's Recovery Fund for the purpose of paying a homeowner for damage sustained as the direct result of the conduct of a licensee under the Act, § 34-14A-15. At the times relevant to this appeal, the Act provided:
Section 34-14A-16 also provided:
"The provisions of this chapter shall not apply to any county the population of which is 30,000 or less according to the most recent federal decennial census, unless the county commission of the county irrevocably elects to have the county covered by this chapter."2
The City is located in Henry County, which in 1999 had a population of less than 30,000. The Henry County Commission elected in 1999 to have Henry County covered by the Act.
In April 2004, Murry hired Phillip Crawford of Southern Trade Contractors, Inc., to do remodeling work on Murry's house, which is located in the City. Murry asked Crawford if he was a licensed home builder, and Crawford told him that he was. Murry did not ask to see Crawford's home builder's license. Crawford applied for and received a building permit from the City on April 8, 2004, for remodeling work on Murry's house.
After work had begun on Murry's house, Murry contacted the City police department because he believed that he was being "scammed" by Crawford. Murry based his belief on the fact that Crawford had never actually finished any of the remodeling work, yet he kept demanding money from Murry. The police department contacted the Home Builders Licensure Board.
On June 30, 2004, the Home Builders Licensure Board issued a "stop work" order against Crawford and Southern Trade. The Board issued the order on the basis that Crawford and Southern Trade were required to have a home builder's license pursuant to § 34-14A-5, and neither had such a license.
Murry contends that as a result of Crawford's allegedly inadequate and incomplete work, he was required to hire additional contractors to complete the remodeling job. On June 2, 2005, Murry sued the City, alleging, among other things, that the City was negligent under the Act by failing to require proof of a home builder's license from Crawford before it issued its building permit. Murry later amended his complaint to add Crawford and Southern Trade as defendants.
On September 8, 2006, the City filed a motion for a summary judgment, arguing that the Act does not apply to it. Specifically, the City argued that it was not subject to the Act even though the Henry County Commission elected to have the County covered by the Act because § 34-14A-12 provided that the Act applies only to the unincorporated areas of the county. On June 22, 2007, Murry filed a motion for a summary judgment, arguing that the Act was applicable to the City and that the City breached its duty under the Act. On June 26, 2007, the trial court entered a summary judgment for the City and denied Murry's summary-judgment motion. Murry filed a petition for permission to appeal from an interlocutory order pursuant to Rule 5(a), Ala. R.App. P. The trial court granted Murry's petition, finding that an immediate appeal from the summary-judgment order would materially advance the ultimate termination of the litigation and would avoid protracted and expensive litigation. On September 12, 2007, this Court denied Murry's petition for permission to appeal. On September 14, 2007, the trial court made the order granting summary judgment in favor of the City final pursuant to Rule 54(b), Ala. R. Civ. P. Murry appeals.
In the present case, the facts are undisputed and the issue presents a pure question of law regarding the interpretation of the Act. Specifically, the issue is whether a municipality located within a county that has elected to be covered by the Act is subject to the provisions of the Act when § 34-14A-12 provides that "building laws and codes" adopted by the county do not apply to a municipality located within the county without the express consent of the governing body of the municipality.
In Ex parte McCormick, 932 So.2d 124, 132(Ala.2005), this Court noted:
The purpose of the Act is to protect the public by regulating the home-building and private-dwelling-construction industry by providing for the licensing of persons engaged in home building and remodeling. § 34-14A-1. "Home builders may pose significant harm to the public when unqualified, incompetent, or dishonest home building contractors and remodelers provide inadequate, unsafe or inferior building services." § 34-14A-1. In 2004 when Murry hired Crawford, the Act applied to all counties with a population greater than...
To continue reading
Request your trial-
Ridnour v. Brownlow Homebuilders, Inc.
...authority to adopt general residential building codes and laws, which, in turn, can be adopted by municipalities, see Murry v. City of Abbeville, 997 So.2d 299 (Ala.2008), and empowered the Board to develop standards of practice for home builders to assure compliance with those codes. It wo......
-
Ridnour v. Brownlow Homebuilders, Inc., 2100851
...general residential building codes and laws, which, in turn, can be adopted by municipalities, see Murry v. City ofPage 15Abbeville, 997 So. 2d 299 (Ala. 2008), and empowered the Board to develop standards of practice for home builders to assure compliance with those codes. It would be inco......