Representation of banks in landlord/tenant disputes
Represented Regions Bank and AmSouth Bank in numerous landlord/tenant disputes across the Southeast.
Represented St. Vincent's Hospital
Represented St. Vincent's Hospital in obtaining a jury verdict in the hospital's favor on an appeal from an adverse decision by the Birmingham Zoning Board of Adjustments.
Representation of Home Depot
Represented Home Depot in the defense of the rezoning of a site for one of its largest retail facilities. The rezoning was preserved pursuant to a negotiated settlement.
Challenges to rezoning of site planned for development of grocery store
Represented the landowner and developer of a site planned for development of a Publix grocery store in two separate challenges to the rezoning of the site filed in state and federal courts. The state court challenge was dismissed pursuant to a mediated settlement, and the federal court challenge was dismissed pursuant to a contested motion to dismiss.
Represented SouthTrust in appeal of tax assessments
Represented SouthTrust in an appeal of multiple years of tax assessments concerning an operations center valued at more than $90,000,000.
Represented supplier in claims related to construction defects
Represented a construction materials supplier in thousands of claims relating to residential and commercial construction defects throughout the southeast.
Represented Metropolitan Gardens
Represented Metropolitan Gardens, a Hope VI mixed-use development, in its appeal and successful resolution of multiple years of ad valorem taxes
Represented a sanitary landfill developer
Represented a sanitary landfill developer in administrative hearing and judicial review litigation regarding nonconforming use status of the sanitary landfill.
Represented Crown Communications
Represented Crown Communications in numerous disputes with municipalities.
Represented an industrial property
Represented an industrial property in the appeal of a taking by the Birmingham Airport Authority.
Represented retail property owner
Represented a retail property owner in obtaining a favorable settlement from Alabama Department of Transportation as part of a condemnation of the owner's access to an interstate highway.
Represented local energy provider
Represented a local energy provider and the determination of chain-of-title disputes involving various mineral interests throughout the state of Alabama.
RJR Mining Co. v. Board of Zoning Adjustment of Jefferson County, CV-08-808 (Circuit Court of Jefferson County, AL)
Represented a coal mining company in its appeal of an adverse zoning decision, obtaining reversal of the zoning body’s decision denying our client the ability to surface mine over $18 million in coal. Following trial, the court granted our client a zoning variance providing for the desired mining.
Vulcan Aero v. Walker County, Alabama, CV-07-382 (Circuit Court of Walker County, AL)
Represented the operator and manager of a municipal regional airport as lead counsel in a dispute arising between it and the county that had granted the operator its lease rights. Obtained a Temporary Restraining Order and Preliminary Injunction prior to settling the case on favorable terms.
Alabama Oil & Gas, LLC v. Allen Rodgers, et al. CV-06-94 (Circuit Court of Pickens County, AL)
Represented the purchaser of oil and gas rights in a suit in which the landowner failed to transfer good title and alleged negligence on the part of our client. Obtained a judgment following trial for return of the entirety of the client’s funds, with interest.
CLF; DEA Birmingham, LLC v. Jefferson County Board of Equalization, CV-07-1495; 2891 (Circuit Court of Jefferson County, AL)
Represented building owner in appeal of ad valorem taxes assumed upon commercial property. Following a two-day trial, panel of appraisers reduced the value of the property at issue by over $10,000,000, resulting in significant tax liability savings for our client.
Drummond Co. Inc. v. Walter Industries, Inc., CV-02-673 (Circuit Court of Tuscaloosa County, AL 2006)
Represented a family of companies in a lawsuit which called into question the ownership of nearly the entirety of their strip-mineable coal and alleged over $400 million in compensatory damages. When tried to a jury, the plaintiff was awarded $10, and coal ownership was restored to our client. Obtained affirmance of the trial court’s favorable rulings and judgment, but reversal of the trial court’s judgment dismissing our client’s counterclaims. Drummond Co., Inc. v. Walter Indus., Inc.,962 So. 2d 753 (Ala.2006).