156 So. 3d 412
Ala. Civ. App.2014Background
- WWBB (Water Works Board of Birmingham) appealed an ASMC decision granting a surface-mining permit to Shepherd Bend, filing in Jefferson Circuit Court.
- ASMC and Shepherd Bend moved to transfer venue to Walker County; Jefferson Circuit Court granted the transfer. WWBB sought mandamus review in the Alabama Supreme Court, which transferred the petition to the Court of Civil Appeals.
- Key statutory framework: the Alabama Surface Mining Control and Reclamation Act (ASMCRA) states its appeal procedures “shall take precedence over the Alabama Administrative Procedure Act (AAPA)” and makes ASMCRA appeals exclusive, but ASMCRA does not specify venue for appeals of ASMC decisions.
- The AAPA contains venue rules for judicial review of agency actions (Montgomery, agency HQ county, or party’s residence/principal place of business), but allows other statutes to expressly exempt themselves from some or all of the AAPA if they name the AAPA.
- ASMCRA names the AAPA and expressly displaces it for ASMC appeals; ASMCRA also designates ASMC’s principal office in Jasper (Walker County).
- WWBB argued that, because ASMCRA lacks an explicit venue provision, AAPA venue rules (which would allow Jefferson County because of WWBB’s principal place of business) should apply; ASMC and Shepherd Bend argued venue lies in Walker County (agency’s official residence) and Shepherd Bend is not a material defendant.
Issues
| Issue | Plaintiff's Argument (WWBB) | Defendant's Argument (ASMC/Shepherd Bend) | Held |
|---|---|---|---|
| Whether AAPA venue rules govern because ASMCRA omits venue | ASMCRA lacks venue clause, so AAPA venue provisions should apply | ASMCRA expressly displaces AAPA for appeals; omission of venue does not import AAPA rules | ASMCRA’s express precedence over AAPA excludes AAPA venue rules; transfer proper to Walker County |
| Whether venue lies in county of agency HQ or agency official residence | Venue should lie where WWBB (plaintiff) has principal place of business (Jefferson) under AAPA | Venue lies in county of ASMC’s official residence/principal office (Jasper, Walker County) | Venue is proper only in Walker County (ASMC’s official residence) |
| Whether Shepherd Bend’s presence allows venue in Jefferson County | Shepherd Bend is a party and (WWBB argues) could be treated as corporate for venue, making Jefferson proper | Shepherd Bend is merely a "proper party" to the appeal, not a material defendant; no relief sought from it | Shepherd Bend is not a material defendant; its joinder cannot control venue |
| Whether forum non conveniens (§ 6-3-21.1) justified transfer alternative | WWBB impliedly contests transfer on convenience grounds | ASMC raised forum non conveniens as alternative; but statute applies only if original venue is appropriate | Court did not reach forum non conveniens because the action was not filed in a proper venue initially |
Key Cases Cited
- Ex parte Sawyer, 892 So.2d 898 (Ala. 2004) (mandamus is the proper vehicle to challenge a trial court’s venue order)
- Alabama Youth Servs. Bd. v. Ellis, 350 So.2d 405 (Ala. 1977) (actions against state agencies belong in county of agency’s official residence; a party not seeking relief is not a material defendant)
- Doggett v. Alabama Secs. Comm’n, 511 So.2d 204 (Ala. Civ. App. 1987) (where a statute provides an exclusive method of review, other methods are unavailable)
- Ex parte Wright Bros. Constr. Co., 88 So.3d 817 (Ala. 2012) (once venue is shown improper, transfer is mandatory)
- Ex parte Children’s Hosp. of Alabama, 931 So.2d 1 (Ala. 2005) (elements required to obtain writ of mandamus)