Supreme Court of Alabama
Ex Parte J.c. King Iii Petition for Writ of Certiorari to the Court of Civil Appeals
May 19, 2023
Summary
The Supreme Court of Alabama held that “preservation improvements” under § 40-10-122 include not only repairs needed to prevent further deterioration but also valuable and useful improvements that restore a residential property to its proper and reasonable use. Because the purchaser restored an uninhabitable, fire-damaged house to a habitable single-family dwelling, the trial court erred by limiting the recoverable amount to maintenance costs, and the court affirmed the Court of Civil Appeals. The court did not determine the precise redemption amount or the value of the improvements.