Ex Parte Alabama Department of Transportation and John R. Cooper, as Director of the Alabama Department Of…

Summary

The court partially granted ALDOT and its director's mandamus petition, holding that ALDOT was immune from all claims, while the director could not obtain dismissal of the inverse-condemnation and bad-faith injunction claims. The court concluded that the complaint alleged a physical invasion and public use of ACI's property sufficient to invoke inverse condemnation, and that the original complaint gave the trial court jurisdiction to consider the amended injunction claim. Justices Bolin and Bryan, concurring in the result, would have rejected the physical-taking requirement as wrongly decided.