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11-48-41
Section 11-48-41 Appeals to circuit court from assessments - Conduct generally; right of jury
trial; entry of judgment and assessment of costs generally. The civil action may be tried
on the record without other pleadings, and the court shall hear all objections of the property
owners to said assessment and the amount thereof and shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall enter judgment accordingly. Such civil action shall be tried by
the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in
which event the action shall be tried by a jury as in other civil actions. In the event the
court or jury shall not sustain the assessment for the full amount, the costs of the appeal
and trial in the circuit court shall be adjudged against the municipality. (Code 1907, §1394;
Code 1923, §2209; Acts 1927, No. 639, p. 753; Code 1940, T. 37,...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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11-88-72
Section 11-88-72 Appeal from assessments to circuit court - Conduct of trial generally; when
costs of appeal and trial adjudged against authority. The said appeal may be tried on the
record without other pleadings and the court shall hear all objections of the property owners
to the said assessment and the amount thereof, shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall render judgment accordingly. Such appeal shall be tried by the
judge without a jury, unless a jury trial is demanded at the time of filing appeal, in which
event the appeal shall be tried by a jury as provided in common law cases. In event the court
or jury shall not sustain the assessment for the full amount, the costs of appeal and trial
in circuit court shall be adjudged against the authority. (Acts 1973, No. 826, p. 1293, §33.)...
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11-42-66
Section 11-42-66 Appeals from judgment of probate judge - Filing; security for costs; right
to jury trial. The property holders of the city shall have the right to appeal from the judgment
of the judge of probate to the circuit court of the county in which the land is situated,
within 10 days from the rendition of the judgment by the judge of probate, the property owner
giving security for cost of appeal, to be approved by the judge of probate, if the appeal
is taken by the property owner. On an appeal taken by either party, the action shall be entered
on the trial docket and tried de novo in the circuit court, without a jury unless a trial
by jury is demanded by the party taking the appeal by serving upon the other party a demand
therefor in writing not less than 10 days after filing the notice of appeal or unless a trial
by jury is demanded by the other party in the action by serving a demand therefor in writing
upon the other party within 10 days from the time that notice of such...
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23-4-5
Section 23-4-5 Appeals. Any party affected by the vacation of a street, alley, or highway pursuant
to this chapter may appeal within 30 days of the decision of the governing body vacating the
street to the circuit court of the county in which the lands are situated, and upon such appeal,
the proceeding shall be tried de novo, either party having the right to demand trial by jury
when and as demand is authorized in civil actions. The appeal shall not suspend the effect
of the decision of the governing body unless the appealing party shall give bond, with sureties,
in an amount to be determined by the circuit judge. From the judgment of the circuit court,
an appeal may be taken within 42 days by either party to the Court of Civil Appeals or the
Supreme Court in accordance with the Alabama Rules of Appellate Procedure. (Acts 1931, No.
49, p. 62; Code 1940, T. 56, §30; Act 2004-323, p. 548, §1.)...
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12-11A-4
Section 12-11A-4 Trial without jury; powers of private judge; immunity; procedures. (a) A trial
conducted by a private judge shall be conducted without a jury. (b) A person who serves as
a private judge has, for each case the private judge hears, the same powers as the judge of
a circuit court in relation to the following: (1) Court procedure. (2) Deciding the outcome
of the case. (3) Attendance of witnesses. (4) Punishment of contempt. (5) Enforcement of orders.
(6) Administering oaths. (7) Giving all necessary certificates for the authentication of the
records and proceedings. (c) A person appointed as a private judge pursuant to the terms of
this chapter shall have immunity in the same manner and to the same extent as a judge in the
State of Alabama. (d) All proceedings in an action heard by a private judge are of record
and must be: (1) Filed with the clerk of the circuit court in the county of proper venue under
the Alabama Rules of Civil Procedure. (2) Made available to the...
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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates declared
insolvent. If the judgment on any such claim is rendered by a probate court, either party
may, within 30 days after the rendition of such judgment, appeal to the circuit...
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17-16-56
Section 17-16-56 Contest of election of judge of probate court and other county and municipal
officers - Generally. If the contest is of an election to the office of judge of the probate
court, sheriff, tax assessor, tax collector, county treasurer, clerk of the circuit court,
or any other office filled by the vote of a single county or any subdivision thereof, or any
office of a city or town not in this article otherwise provided for, the party contesting
must file in the office of the clerk of the circuit court of the county in which the election
was held, a statement in writing, verified by affidavit, of the grounds of the contest as
provided in this article and must give good and sufficient security for the costs of the contest,
to be approved by the clerk. On the filing of the statement and the giving of the security,
the clerk must enter the contest on the trial docket as a civil action pending in the court
for trial, and, after having made such entry, the clerk must issue a...
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25-4-95
Section 25-4-95 Appeals from final decisions of board of appeals or appeals tribunal. Within
30 days after the decision of the board of appeals has become final, any party to the proceeding
including the secretary who claims to be aggrieved by the decision may secure a judicial review
thereof by filing a notice of appeal in the circuit court of the county of the residence of
the claimant; except, that if the claimant does not reside in this state at the time the appeal
is taken, the notice of appeal shall be filed in the circuit court of the county in this state
in which the claimant last resided, or in the circuit court of the county in this state wherein
the claimant last worked. In such action, the notice of appeal need not be verified, but shall
state the grounds upon which a review is sought. A copy shall be served upon the secretary
or upon such person as the secretary may designate (and for the purpose hereof, mailing a
copy addressed to the secretary at Montgomery by registered...
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