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BD. OF ADJUSTMENT v. DEPT. OF M.H. & M.R.

Civ. 7406.

581 So.2d 476 (1990)

STATE BOARD OF ADJUSTMENT and Emmett O. Dale, as administrator of the Estate of Patrick Frank Dale, deceased v. STATE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION.

Court of Civil Appeals of Alabama.

Rehearing Denied May 9, 1990.

Attorney(s) appearing for the Case

Jere L. Beasley and J. Greg Allen of Beasley, Wilson, Allen, Mendelsohn & Jemison, Montgomery, and J. Clayton Crenshaw, Asst. Atty. Gen., for appellants.

J. Fairley McDonald III of Copeland, Franco, Screws & Gill, Montgomery, for appellee.

RUSSELL, Judge.

This is an appeal from a circuit court judgment ruling that the State Board of Adjustment (Board) acted in excess of its jurisdiction in granting an award to Emmett O. Dale (Dale) and ordering the Board to vacate and set aside its award. The Board and Dale appeal. We affirm.

The dispositive issue is whether the Board had jurisdiction over Dale's claim.

The pertinent facts are that Douglas Edward Griffin was treated and released from...

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