Supreme Court of Alabama
John R. Cooper v. Eddie Ziegler
September 18, 20152015 Ala. LEXIS 112
Summary
The court held that the director of the Alabama Department of Transportation was entitled to sovereign immunity because the requested injunction would effectively strip a state agency of property rights in a protective easement. The Zieglers failed to prove that the director acted fraudulently, in bad faith, beyond his authority, or under a mistaken interpretation of law when he denied permission to construct the proposed houses. The judgment granting injunctive relief was reversed, and the case was remanded with instructions to dismiss the action and vacate the injunction.