Supreme Court of Alabama
790 Montclair, LLC v. Birmingham Metro, LLC; the City of Birmingham; the Station at Crestline Heights, LLC; Valley…
July 3, 2025
Summary
The Court affirmed summary judgment upholding the subdivision plat because 790 Montclair failed to show that the developer did not strictly comply with the applicable notice requirements. The Court construed those requirements as requiring notice to adjoining owners identified through specified governmental records, rather than notice to every actual adjoining owner regardless of whether the owner's information appeared in those records. The evidence showed that the developer used the prescribed sources and that 790 Montclair did not substantially establish that its ownership information was available in those sources in 2020.