CITY OF WETUMPKA v. ALABAMA POWER CO.

1170992.

297 So.3d 367 (2019)

CITY OF WETUMPKA v. ALABAMA POWER COMPANY.

Supreme Court of Alabama.

November 27, 2019.


Attorney(s) appearing for the Case

James N. Walter, Jr. , and Christopher W. Weller of Capell & Howard, P.C., Montgomery; and Regina B. Edwards and Justin D. Edwards of The Law Office of Regina B. Edwards, P.C., Wetumpka, for appellant.

Robin G. Laurie of Balch & Bingham LLP, Montgomery; Ed R. Haden , Allen M. Estes , and Ryan M. Hodinka of Balch & Bingham LLP, Birmingham; and Louis C. Colley , Prattville, for appellee.

Andrew J. Rutens , Lawrence W. Wettermark , and Melissa P. Hunter of Galloway, Wettermark & Rutens, LLP, Mobile, for amicus curiae City of Orange Beach, in support of the appellant.

H. Robert Johnston , asst. gen. counsel, Alabama League of Municipalities, for amicus curiae Alabama League of Municipalities, in support of the appellant.

Joseph C. Espy III and Benjamin J. Espy of Melton, Espy & Williams, P.C., Montgomery, for amicus curiae Bellsouth Telecommunications, LLC, in support of the appellee.

Steve Marshall , atty. gen., and Andrew L. Brasher (withdrew 05/03/2019) and Edmund G. LaCour, Jr. , deputy attys. gen., for amicus curiae State of Alabama, in support of the appellee.

R. Bernard Harwood, Jr. , of Rosen Harwood, P.A., Tuscaloosa, for amici curiae Manufacture Alabama and Alabama Industrial Electric Consumers, in support of the appellee.

John A. Garner , chief administrative law judge, Alabama Public Service Commission, Montgomery, for amicus curiae Alabama Public Service Commission, in support of the appellee.

Timothy J.F. Gallagher and Patrick L.W. Sefton of Sasser, Sefton & Brown, P.C., Montgomery, for amicus curiae Alabama Cable Telecommunications Association, in support of the appellee.

Barry Hair of Clark Hair & Smith PC, Birmingham, for amicus curiae Charter Communications, Inc., d/b/a Charter Spectrum, in support of the appellee.


The City of Wetumpka ("the City") sued Alabama Power Company ("Alabama Power") in the Elmore Circuit Court, because Alabama Power had refused to relocate overhead electrical facilities located within the City's downtown area at Alabama Power's expense. The circuit court dismissed the case, finding...

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