GULF STATE PARK AUTH. v. GULF BEACH HOTEL

1071551 and 1071552.

22 So.3d 432 (2009)

GULF STATE PARK AUTHORITY et al. v. GULF BEACH HOTEL, INC., et al. Gulf State Park Authority et al. v. Charley Grimsley et al.

Supreme Court of Alabama.

March 27, 2009.


Attorney(s) appearing for the Case

William A. Gunter IV, general counsel, Alabama Department of Conservation and Natural Resources, for appellants Alabama Department of Conservation and Natural Resources, its officials, and Gulf State Park Authority.

Albert L. Jordan, deputy atty. gen., and Annemarie C. Axon of Wallace, Jordan, Ratliff & Brandt, LLC, Birmingham, for appellants Alabama Department of Conservation and Natural Resources and its officials.

Matthew C. McDonald and Kirkland E. Reid of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., Mobile; James L. North of Waggoner, special counsel to the president of Auburn University, for appellants Auburn University, Jay Gogue, as successor to Edward R. Richardson, and West Paces Hotel Group, LLC.

Benjamin H. Albritton and J. Matt Bledsoe, asst. attys. gen., for appellants Governor Bob Riley and Jim Main.

William J. Baxley, Joel E. Dillard, and Elizabeth W. McElroy of Baxley, Dillard, Dauphin, McKnight & Barclift, Birmingham, for appellee Gulf Beach Hotel, Inc.

Robert D. Segall and Shannon L. Holliday of Copeland, Franco, Screws & Gill, PA, Montgomery, for appellee Alabama Education Association.

Frank C. Ellis, Jr., and William R. Justice of Wallace, Ellis, Fowler & Head, Columbiana, for amici curiae Shelby County, Alabama, and the Wilcox Area Chamber of Commerce, in support of the appellants.

John L. Lawler, Mobile, for amici curiae Alabama Gulf Coast Convention and Visitors Bureau, Alabama Gulf Coast Area Chamber of Commerce, and South Baldwin Chamber of Commerce, in support of the appellants.

Wanda J. Cochran, Mobile, for amicus curiae City of Orange Beach, in support of the appellants.

Donald J. Stewart, Mobile, for amicus curiae City of Gulf Shores.

J. Casey Pipes, Mobile, for amicus curiae City of Foley, in support of the appellants.

William T. Stephens, gen. counsel, Retirement Systems of Alabama, for amicus curiae Retirement Systems of Alabama, in support of the appellant.

Mays R. Jemiscn of Jemison & Mendelsohn, Montgomery, for amici curiae Joint Legislative Committee on State Parks System Improvement Corporation, in support of the appellants.


WOODALL, Justice.

In separately filed declaratory-judgment actions, Gulf Beach Hotel, Inc., and Charley Grimsley (hereinafter referred to collectively as "the hotel") attacked the legality of an agreement, a memorandum of understanding, between the Alabama Department of Conservation and Natural Resources ("the Department") and Auburn University ("the University") for the long-term lease of a portion of Gulf State Park ("the park"), more specifically, the site of the...

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