Town of Boligee v. Greene County Water and Sewer Authority

Summary

The Supreme Court of Alabama held that the mayor of a Class 8 municipality lacked authority to bind the town to a right-of-way agreement that the town council had never authorized. It further held that the town was not estopped from challenging the agreement because the record showed no misrepresentation or concealment of a material fact. The judgment was reversed and the case remanded. Chief Justice Cobb, dissenting, would have upheld estoppel based on the town officials' knowledge of and failure to stop the construction; Justice Woodall concurred specially on the Statute of Frauds, and Justice Murdock concurred in the result while advocating de novo review.