Town of Gurley v. M & N Materials, Inc. M & N Materials, Inc. v. Stan Simpson

Summary

The court held that Alabama Constitution § 235 does not authorize compensation for a regulatory taking based solely on municipal administrative or zoning actions, because the provision requires a direct physical disturbance, invasion, or injury caused by construction or enlargement of public works. It also affirmed that § 23 does not apply where no physical taking occurred and affirmed the remaining rulings because M & N failed to support several appellate arguments with adequate authority or record citations. Justice Parker, concurring specially, emphasized that M & N could pursue constitutional challenges to the zoning action, while Justices Murdock, Bryan, and Bolin would have recognized or reconsidered compensation for the alleged regulatory taking under § 23.