Supreme Court of Alabama

Charles K. Breland, Jr., and Breland Corporation v. City of Fairhope Charles K. Breland, Jr., and Breland…

September 30, 2016229 So. 3d 1078

Summary

The Alabama Supreme Court reversed the trial court’s summary‑judgment ruling that barred the declaratory‑judgment claims and remanded for further proceedings, holding that the two‑year statute of limitations does not apply to Breland’s ongoing challenges to the city ordinances, while affirming that the negligence claim is subject to the two‑year limitations period but is timely because the 2011 stop‑work order is a discrete act.