SB469 Alabama 2012 Session

Summary

Primary Sponsor

Del Marsh

Republican

Session

Regular Session 2012

Title

Board of Adjustment, State, limitation for certain claims affected by Ex Parte Hale County Board of Education extended, Sec. 41-9-65 am'd.

Description

Under case law since 1976, the Alabama Supreme Court had ruled that local agencies of the state could be sued in contract. In 2009, the Alabama Supreme Court overruled its prior ruling, holding that local agencies of state government are immune from suit. A suit filed by a party in circuit or district court prior to the Alabama Supreme Court's ruling in 2009, on a contract claim would generally be subject to dismissal by the court. However, because the time period for filing a claim with the State Board of Adjustment may have already passed, the party may not have any forum to have its claim heard on the merits.

This bill would extend the time for filing a claim based on contract with the State Board of Adjustment against local agencies of state government if the claim was originally filed in circuit or district court prior to the Alabama Supreme Court ruling discussed above.

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Subjects

Board of Adjustment, State