Supreme Court of Alabama

Ex Parte Alabama Power Company (in Re: Alabama Power Company v. Michael C. Armstrong)

March 2, 2018262 So. 3d 1172

Summary

The Supreme Court of Alabama denied Alabama Power's petition for a writ of mandamus, holding that the circuit court properly exercised jurisdiction over the property owners' appeal of the condemnation order. The Court concluded that the notice of appeal, though referencing the May 18 preliminary order, was a valid written appeal of the June 8 order of condemnation under § 18-1A-283. Accordingly, the petition for mandamus was denied. Justice Bolin dissented, arguing the appeal was improper because it targeted a non‑appealable preliminary order.