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STATE v. CORNELIUS

1080927.

36 So.3d 504 (2009)

Ex parte State of Alabama. (In re STATE of Alabama v. William D. CORNELIUS III and Billy W. Thompson, Colbert County Revenue Commissioner).

Supreme Court of Alabama.

October 23, 2009.

Attorney(s) appearing for the Case

Jim R. Ippolito, Jr., chief counsel, and Jason A. Trippe, asst. counsel, Alabama Department of Transportation; and William Tipton Johnson, Jr., deputy atty. gen., Tuscumbia, for petitioner.

William D. Cornelius IV, Tuscumbia, for respondent William D. Cornelius III.

BOLIN, Justice.

The State of Alabama petitions this Court for a writ of mandamus directing the Colbert Circuit Court to enter an order dismissing, on the basis of sovereign immunity, the counterclaim for inverse condemnation filed by William D. Cornelius III.

I. Background

On January 25, 2008, the State, acting by and through the Alabama Department of Transportation, filed in the Colbert Probate Court a petition for condemnation of a portion...

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