Ex Parte Alabama Rivers Alliance and Friends of Hurricane Creek. (in Re Tuscaloosa Resources, Inc. v. Alabama…

Summary

The court held that Tuscaloosa Resources, having received the permit it sought, was not an aggrieved party entitled to independently appeal the agency's favorable decision merely because the agency recognized the opponents' standing and because future litigation expenses were possible. The court concluded that the intermediate appellate court had improperly expanded the rule governing a prevailing party's ability to cross-appeal and therefore reversed and remanded. Justice Murdock, concurring in the result, would distinguish appellate rights from ordinary standing, while Justice Shaw, also concurring in the result, would reject the application of constitutional standing principles but agreed that Tuscaloosa Resources was not aggrieved.