Ex Parte East Central Baldwin County Water, Sewer and Fire Protection Authority (in Re: East Central Baldwin County…

Summary

The court held that a county commission's review of an application to amend a water and sewer authority's certificate of incorporation is discretionary, and that the commission's approval is reviewed under the arbitrary-and-capricious standard. It further held that adequacy of existing services depends on services actually provided or planned in the target area, not merely on nearby municipalities' theoretical capacity, and that factual disputes precluded summary judgment. The court reversed the Court of Civil Appeals and remanded for further proceedings.