DEPT. OF ENVTL. v. FRIENDS OF HURRICANE

2090633 and 2090646.

71 So.3d 673 (2011)

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and Alabama Environmental Management Commission v. FRIENDS OF HURRICANE CREEK and John Wathen. Friends of Hurricane Creek and John Wathen v. Alabama Department of Environmental Management and Alabama Environmental Management Commission. SDW, Inc. v. Friends of Hurricane Creek and John Wathen.

Court of Civil Appeals of Alabama.

April 8, 2011.


Attorney(s) appearing for the Case

James L. Wright and Schuyler K. Espy , assoc. gen. counsel, Alabama Department of Environmental Management for appellants/cross-appellees Alabama Department of Environmental Management and Alabama Environmental Management Commission.

William J. Donald III of Donald, Randall & Donald, Tuscaloosa, for appellant SDW, Inc.

David A. Ludder , Tallahasee, Florida, for appellees/cross-appellants Friends of Hurricane Creek and John Wathen.


PITTMAN, Judge.

These three appeals have been taken from a summary judgment entered by the Montgomery Circuit Court in judicial-review proceedings challenging the correctness of a decision of the Alabama Environmental Management Commission ("the Commission") declining to review an order rendered by the Alabama Department of Environmental Management ("the Department") assessing monetary sanctions against SDW, Inc. ("the developer"), a residential developer that purportedly...

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