Supreme Court of Alabama
In Re the Incorporation of Caritas Village, Alabama v. Judge James W. Fuhrmeister
January 10, 20142014 Ala. LEXIS 3
Summary
The Alabama Supreme Court affirmed the Shelby Probate Court’s denial of the petition to incorporate Caritas Village, holding that affidavits of declared residency under § 12‑13‑23 do not satisfy the statutory population, contiguity, and homogeneity requirements of § 11‑41‑1. Justice Parker dissented, arguing that the plain meaning of the statutes requires only a declaration of residency to meet the 300‑person threshold.