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EX PARTE STATE

1030447.

937 So.2d 56 (2006)

Ex parte State of Alabama. (In re DRUMMOND COMPANY, INC., and Cedrum Land Company, LLP v. ALABAMA DEPARTMENT OF TRANSPORTATION).

Supreme Court of Alabama.

February 24, 2006.

Attorney(s) appearing for the Case

Isaac P. Espy, of Espy, Nettles, Scogin & Brantley, P.C., Tuscaloosa, deputy atty. gen., for petitioner.

William Anthony Davis III, Philip G. Piggott, and P. Andrew Laird, Jr., of Starnes & Atchison, LLP, Birmingham; and Joseph C. Espy III of Melton, Espy & Williams, Montgomery, for respondent.

PARKER, Justice.1

The State of Alabama petitions this Court for a writ of mandamus directing Judge Charles Price of the Montgomery Circuit Court to dismiss the inverse-condemnation claim of Drummond Company, Inc., and Cedrum Land Company, LLP, against the Alabama Department of Transportation ("ADOT") based on the constitutional immunity of the State of Alabama from being sued.

I. Background

Drummond Company, Inc...

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