James v. Gardner v. Leroy N. Stevens Et Book Reviews
James v. Gardner v. Leroy N. Stevens Et by Supreme Court of Alabama Book Summary
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.
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| Book Name | James v. Gardner v. Leroy N. Stevens Et |
| Genre | Law |
| Author | Supreme Court of Alabama |
| Published | 19 February 1959, Thursday |
| Language | English |
| E-Book Size | 58.97 KB |
James v. Gardner v. Leroy N. Stevens Et (Supreme Court of Alabama) Book Reviews 2024
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Summary of James v. Gardner v. Leroy N. Stevens Et by Supreme Court of Alabama
The James v. Gardner v. Leroy N. Stevens Et book written by Supreme Court of Alabama was published on 19 February 1959, Thursday in the Law category. A total of 30 readers of the book gave the book 0 points out of 5.
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