K & D Automotive, Inc., and Calvin S. Kendrick v. the City of Montgomery

Summary

The court held that summary judgment was improper on claims challenging the reasonableness and application of Montgomery's nuisance ordinance and the towing of vehicles that were not present when the city council authorized abatement. It upheld summary judgment on the claim that the city council violated due process by acting without additional evidence, concluding that the departmental lists supplied sufficient evidence and shifted the burden to the property owners. The cause was remanded for further proceedings. Chief Justice Moore, concurring in the result, emphasized that Alabama courts are not bound by federal district court decisions.