Ex Parte Water Works Board of the City of Birmingham (in Re Water Works Board of the City of Birmingham v. Alabama…

Summary

The court held that Jefferson County was a proper venue for the Board’s judicial appeal from the agency’s decision because the governing mining statute’s precedence clause did not exclude the Administrative Procedure Act from consideration, and the Administrative Procedure Act authorized venue where the appealing party maintained its principal office. The court therefore granted mandamus and directed the circuit court to vacate its transfer order. The court declined to address forum non conveniens because the circuit court had not ruled on that ground.