WM MOBILE v. SOLID WASTE AUTHORITY

1190978.

355 So.3d 841 (2021)

WM MOBILE BAY ENVIRONMENTAL CENTER, INC. v. CITY OF MOBILE SOLID WASTE AUTHORITY.

Supreme Court of Alabama.

December 17, 2021.


Attorney(s) appearing for the Case

John C. Neiman, Jr. , and Mary K. Mangan of Maynard Cooper & Gale, P.C., Birmingham; and Jaime W. Betbeze of Maynard Cooper & Gale, P.C., Mobile, for appellant.

Albert L. Jordan of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham; Charles L. Miller, Jr. , Mobile; and Peter S. Mackey and Peter F. Burns of Burns, Cunningham & Mackey, P.C., Mobile, for appellee.

Ed R. Haden of Balch & Bingham LLP, Birmingham, for amicus curiae City of Mobile, in support of the appellee.

Lorelei A. Lein , gen. counsel, Alabama League of Municipalities, Montgomery; Morgan G. Arrington , gen. counsel, Association of County Commissions of Alabama, Montgomery; Kendrick E. Webb and Jamie H. Kidd of Webb & Eley, P.C., Montgomery, for amici curiae Association of County Commissions of Alabama and the Alabama League of Municipalities, in support of the appellee.


The United States Court of Appeals for the Eleventh Circuit has certified to this Court, pursuant to Rule 18, Ala. R. App. P., five questions:

"(1) Can property owned by a solid waste disposal authority `belong[] to' a county or municipality for purposes of section 6-10-10[, Ala. Code 1975]? "(2) If so, what...

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