(Download) "James v. Gardner v. Leroy N. Stevens Et" by Supreme Court of Alabama * eBook PDF Kindle ePub Free
eBook details
- Title: James v. Gardner v. Leroy N. Stevens Et
- Author : Supreme Court of Alabama
- Release Date : January 19, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
MERRILL, Justice. This is an appeal from an order of the circuit court denying a petition for writ of mandamus to the Board
of Revenue and Road Commissioners of Mobile County, Alabama. The appellant, pursuant to the provisions of Tit. 22, § 88, Code 1940, filed a written application with the Board
of Revenue and Road Commissioners of Mobile County requesting permission to establish a cemetery on certain described property
in Mobile County. The application was referred to the Mobile County Board of Health 'for investigation from a sanitary standpoint.'
The board of health submitted a favorable report to the county governing body. Thereafter, a public hearing was held and,
at the Conclusion, the application for permission to establish the cemetery was denied. Appellant then filed, in the Circuit
Court of Mobile County, a petition for an alternative writ of mandamus requesting that the county governing body be required
to issue to appellant a license to establish a cemetery on the described site upon payment of the proper fees and charges.
Appellant's petition, as amended, avers that the approval of the county governing body is a mere ministerial function after
the approval of the Mobile County Board of Health or, in the alternative, that the county governing body has abused its discretion
and its disapproval of the application was arbitrary and capricious. A hearing was had with testimony taken orally before
the trial court and the petition for writ of mandamus was denied.