EX PARTE WATER WORKS BD. OF BIRMINGHAM CITY

1131094.

177 So.3d 1167 (2014)

Ex parte WATER WORKS BOARD OF THE CITY OF BIRMINGHAM (In re Water Works Board of the City of Birmingham v. Alabama Surface Mining Commission and Shepherd Bend, LLC).

Supreme Court of Alabama.

Rehearing Denied February 20, 2015.


Attorney(s) appearing for the Case

K. Mark Parnell and Mary H. Thompson of Waldrep, Stewart & Kendrick, LLC, Birmingham, for petitioner.

Grady Milton McCarthy, Jr. , deputy atty. gen., Alabama Surface Mining Commission, Jasper, for respondents Judge Tom King, Jr., and Alabama Surface Mining Commission.

W. Anthony Davis III , Richard E. Davis , and Amber M. Whillock of Starnes Davis Florie LLP, Birmingham, for respondent Shepherd Bend, LLC.


The Water Works Board of the City of Birmingham ("the Board") petitions this Court for a writ of mandamus directing the Jefferson Circuit Court ("the circuit court") to vacate its order granting the motion filed by the Alabama Surface Mining Commission ("ASMC") seeking to transfer the underlying action to Walker County; Shepherd...

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