177 So. 3d 1167
Ala.2014Background
- ASMC administers ASMCRA and has its principal office in Walker County; Board operates a raw-water facility in Jefferson County downstream of the mine permit.
- Shepherd Bend obtained a Walker County-anchored surface-mining permit; Board challenged the permit and pursued judicial review after exhausting administrative remedies.
- Board sought circuit-court review in Jefferson County; ASMC moved to dismiss or transfer for venue or forum non conveniens, joined by Shepherd Bend.
- Circuit court transferred the action to Walker County, citing § 41-22-20(b) and the lack of venue in Jefferson County under applicable venue rules.
- Board petitioned for mandamus to vacate the transfer order; this Court granted the petition and issued the writ.
- The core issue is whether Jefferson County is a proper venue for review under ASMCRA, given the absence of a venue provision in ASMCRA and the applicability of AAPA § 41-22-20(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jefferson County is proper venue for review. | Board argues Jefferson County proper under § 41-22-20(b). | ASMC/Shepherd Bend rely on nearness to headquarters and ASMCRA priority over AAPA; venue default to Walker County. | Jefferson County is proper venue under § 41-22-20(b); ASMCRA controls and AAPA venue provisions do not apply to this appeal. |
| Whether the circuit court should transfer to Walker County under forum non conveniens. | Board would prefer Walker County as convenient and justice-friendly. | Transfer based on forum non conveniens should be considered if venue is proper; circuit court already transferred on venue grounds. | The Court declines to rule on forum non conveniens here; transfer based on that doctrine was not the basis for mandamus relief because venue was improper in Jefferson County on the circuit court’s order. |
Key Cases Cited
- Ex parte Worley, 46 So.3d 916 (Ala. 2009) (provides procedure for judicial review of agency decisions within Alabama)
- Ex parte Neely, 653 So.2d 945 (Ala. 1995) (venue rule for state agency actions absent contrary statute)
- Alabama Youth Services Board v. Ellis, 350 So.2d 405 (Ala. 1977) (agency-venue rules for state agencies)
- Ex parte Water Works Bd. of Birmingham, 156 So.3d 412 (Ala.Civ.App.2014) (appeal jurisdiction and venue considerations for ASMC-related review)