Phrase: Hale County Alabama Poem Analysis
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Citations: 14 So. In re Edgar Lee and Fannie Lee v. Hale County Board of Hale County Alabama Poem Analysis et al. Supreme Court of Alabama. January 16, Powe, Jr. Josh J. Wright and Joshua L. The Hale County Board of Education "the Board" petitions this Court for a writ of mandamus directing the trial court to grant its motion for a summary judgment on such a claim brought against it by Edgar Lee and his wife, Fannie Lee, on the basis that the Board is immune.
He purchased a ticket at the door and watched the game from the bleachers. When the game ended, he fell from the bleachers and sustained injuries that required medical attention.
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On January 4,the Lees sued the Board[1] asserting various tort claims and a claim alleging breach of an implied contract. On April 1,the Board moved for a summary judgment, and on April 11,after a hearing, the trial court granted the motion and entered a summary judgment on all the claims against the Board except the breach-of-implied-contract claim, citing lAabama the basis for retaining that claim Sims v. Etowah County Board of Education, So. The Board filed this petition for a writ of mandamus from the denial of its motion for a summary judgment on the breach-of-implied-contract claim. We grant the petition and issue the writ.
In their opposition to the Board's petition for a writ of mandamus, the Lees argue that, although Sims stands for the premise that the State is immune from tort liability, that opinion also provides precedent for their position that "county boards of education can be sued for breach of contract on an implied contract wherein the [county board of education] fails to provide safe premises utilized in conducting athletic contests made available to the public. A writ of mandamus is an extraordinary remedy available Hale County Alabama Poem Analysis when there is: " 1 a clear legal right to the order sought; 2 an imperative duty upon the respondent to perform, accompanied by a refusal to do so; 3 the lack of another adequate remedy; and 4 properly invoked jurisdiction Hale County Alabama Poem Analysis the court.
Legal Analysis The Board claims that it has a clear legal right to the summary Airport security. Section 14 of Alabamw Constitution is the same as Section 15 of the Constitution. The adoption of the Constitution closed the door to litigants who had claims against the State, and the door Couhty remained closed continuously by subsequent constitutional provisions and court decisions interpreting those provisions.
Board of Trs. Architects Group, Inc. Etowah County Bd. The Lees, however, argue that Sims unequivocally held "that [the Etowah County Board of Education] is not immune from suit for breach of contract and thus [the Court] reverse[d] the decision of the trial court dismissing the complaints.
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That is, the legislature decided to waive a county board of education's immunity as it applies to claims based upon contracts. See also, Belcher v. Jefferson County Bd. Perry County Bd. The Court's decisions in these cases overlooked an important factor. Immunity is provided by the Constitution. Because the Constitution prohibits suits against the state and its Hale County Alabama Poem Analysis, the legislature cannot consent to such a suit. Armory Comm'n of Alabama v. Staudt, So. The Court apparently realized this oversight in Williams v. John C. Calhoun Community College, So.]
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