Ex Parte Teachers' Retirement System of Alabama Petition for Writ of Certiorari to the Court of Civil Appeals (in…

Summary

The Supreme Court of Alabama affirmed the judgment holding that RSA waived its argument that the property-owners association was not a statutory "person aggrieved" entitled to appeal the zoning administrator's decision. The Court held that statutory eligibility to appeal is a capacity issue, not a subject-matter-jurisdiction issue, and therefore had to be raised before the Board. The Court declined to decide whether the association was in fact aggrieved. No separate opinions are included in the record provided.