6-5-160.3
Section 6-5-160.3 Standards of proof; remedies; enforcement. (a) A plaintiff is required by a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required by clear and convincing evidence to establish that the owner of the property who is not a resident or in actual possession of the property was criminally culpable in aiding and abetting the nuisance. (b) If the existence of a nuisance is found, the judgment may include actual damages and an injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case for the purpose of enforcing its orders. (d) If a nuisance is found, the court shall have additional power to fashion any one or more of the following remedies: (1) Assess damages against the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-160.3.htm - 2K - Match Info - Similar pages
45-2-22.11
Section 45-2-22.11 Remedies. (a) If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier that violates any provision of this part shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney fees incurred by a wholesaler as a result of that violation. A wholesaler that violates any provision of this part shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney fees incurred by the supplier as a result of that violation. (c)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.11.htm - 3K - Match Info - Similar pages
45-42-170.04
Section 45-42-170.04 Enforcement. (a) This subpart shall be enforced by the Limestone County Commission. (b) The Limestone County Commission may commence a civil action in the name of the Limestone County Commission in the Circuit Court of Limestone County, Alabama, to abate or enjoin any public nuisances declared by this subpart. In any action pursuant to this subsection, the Circuit Court of Limestone County, Alabama, is authorized to assess all costs of abating the public nuisance declared by this subpart, including attorney's fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance. (Act 94-671, p. 1287, § 5.)...
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45-49-170.54
Section 45-49-170.54 Enforcement. (a) This subpart shall be enforced by the Mobile County Commission. (b) The Mobile County Commission may commence a civil action in the name of the Mobile County Commission in the Circuit Court of Mobile County, Alabama, to abate or enjoin any public nuisances declared by this subpart. In any action pursuant to this subsection, the Circuit Court of Mobile County, Alabama, is authorized to assess all costs of abating the public nuisance declared by this subpart, including attorney's fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance. (Act 94-216, p. 302, § 5.)...
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8-21A-8
Section 8-21A-8 Dealer's action against supplier for violations; civil liability and remedies. Any dealer may bring an action against a supplier in court of competent jurisdiction for damages sustained by the dealer as a result of supplier's violation of any part of this chapter, together with the actual costs of the action, including but not limited to, reasonable attorney's fees along with any consequential damages sustained by the dealer. Dealer may also be granted injunctive relief against the unlawful termination, cancellation, nonrenewal or change in competitive circumstances by the supplier. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law. (Acts 1991, No. 91-721, p. 1401, §8.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-8.htm - 1K - Match Info - Similar pages
45-41-170.04
Section 45-41-170.04 Enforcement. (a) This section shall be enforced by the Lee County Commission or its designee. (b) The Lee County Commission may commence a civil action in the name of the Lee County Commission in the Circuit Court of Lee County, Alabama, to abate or enjoin any action or condition which constitutes a public nuisance under this section. In any action brought under this section, the Circuit Court of Lee County, Alabama, is authorized to assess all costs of abating the public nuisance against the person or entity creating or maintaining the public nuisance, including, but not limited to, attorney's fees, court costs, and all other expenses of litigation, and including all costs of and expenses for abating, remedying, or cleaning up the source or cause of the public nuisance. (Act 99-411, p. 733, §5.)...
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7-7-601
Section 7-7-601 Lost, stolen, or destroyed documents of title. (a) If a document of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with the order. If the document was negotiable, a court may not order delivery of the goods or issuance of a substitute document without the claimant's posting security unless it finds that any person that may suffer loss as a result of nonsurrender of possession or control of the document is adequately protected against the loss. If the document was nonnegotiable, the court may require security. The court may also order payment of the bailee's reasonable costs and attorney's fees in any action under this subsection. (b) A bailee that, without a court order, delivers goods to a person claiming under a missing negotiable document of title is liable to any person injured thereby. If the delivery is not in good faith, the bailee is...
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26-2B-207
Section 26-2B-207 Jurisdiction declined by reason of conduct. (a)If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after considering: (A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) whether it is a more appropriate forum than the court of any other state...
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45-49-151.40
Section 45-49-151.40 Limitations on construction or operation of racetrack in county. (a) The Mobile County Commission shall not license the construction or operation of any racetrack, for any purpose, in an area of the county that has five or more residences within 1,000 yards of the location for the racetrack. (b) No person shall construct or operate a racetrack, for any purpose, in any area of the county within 1,000 yards of the location of the residence. Any person who violates this section shall be guilty of a public nuisance. (c)(1) This section shall be enforced by the Mobile County Commission. (2) The Mobile County Commission may commence a civil action in the name of the Mobile County Commission in the Circuit Court of Mobile County, Alabama, to abate or enjoin any violation of this section. In any action pursuant to this subdivision, the Circuit Court of Mobile County, Alabama, is authorized to assess all costs of abating a public nuisance declared by this section, including...
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28-9-11
Section 28-9-11 Liabilities and duties of supplier; action for damages; declaratory judgment and injunctive relief; remedies. (a) If a supplier engages in conduct prohibited under this chapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with which the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier that violates any provision of this chapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney fees incurred by a wholesaler as a result of that violation. A wholesaler that violates any provision of this chapter shall be liable for all actual damages and all court costs and, in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-11.htm - 3K - Match Info - Similar pages
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