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6-5-143
Section 6-5-143 Venue; filing of complaint; application for preliminary injunction.
(a) Such action shall be commenced in the circuit court of the county in which the property
is located. (b) At or before the commencement of the action, a verified copy of the complaint
alleging the facts constituting the nuisance shall be filed in the office of the probate judge
of the county, together with a notice of the pendency of the action, containing the name of
the court, the names of the parties, the object of the action, and a brief description of
the property affected thereby. The probate judge shall be paid the usual fee for recording
such lis pendens and shall immediately record such notice. (c) After the filing of the complaint,
application for a preliminary injunction may be made to the circuit court, a judge thereof
or any judge authorized by the laws of the state to make an order for a preliminary injunction,
who shall grant a hearing thereon within 10 days thereafter. (Acts 1919, No....
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6-5-144
Section 6-5-144 Bond for preliminary injunction or temporary restraining order prior
to hearing. No preliminary injunction or temporary restraining order shall be issued before
hearing in any action commenced by a citizen or citizens under the provisions of this division
unless such citizen or citizens have made bond in such sum as may be fixed by the judge to
whom the application for such injunction or restraining order is made, such bond to be approved
by the register or clerk of the circuit court of the county in which the proceeding is filed
and to be payable and conditioned as provided by the Alabama Rules of Civil Procedure. (Acts
1919, No. 53, p. 52; Code 1923, §9283; Code 1940, T. 7, §1094.)...
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2-27-62
Section 2-27-62 Penalty for violations of article; injunctions. (a) General penalty.
Any person who shall violate the provisions or requirements of this article, or rules and
regulations promulgated under this article, or who engages in the custom application of pesticides
without having a license therefor or who shall fail or refuse to perform any duty or requirement
imposed by the provisions of this article shall be guilty of a misdemeanor and, upon conviction,
shall be fined not less than $25.00 nor more than $500.00 and, within the discretion of the
court, may also be imprisoned for a term not to exceed six months. (b) Remedy by injunction.
In addition to the penalty prescribed in subsection (a) of this section and notwithstanding
the existence of an adequate legal remedy, the circuit court, or any judge thereof, shall
have jurisdiction and for cause shown and upon a hearing to grant a temporary restraining
order or a preliminary or permanent injunction, or all, restraining and...
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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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28-4-225
Section 28-4-225 Application for and issuance of writ directing seizure of prohibited
liquors and beverages, movable property, etc., used in connection with nuisance pending hearing
of action. If the petition shall request a writ of seizure authorizing the sheriff to seize
all prohibited liquors and beverages on the premises, together with all signs, screens, bars,
bottles, glasses and other movable property used in keeping and maintaining said nuisance,
the officer, or citizen or citizens filing the petition may, at the time they apply for a
preliminary injunction, make application to the judge who grants the preliminary injunction
or to the judge of the court in which the petition is or is to be filed or they may, at any
time pending the hearing, make such application to said judge for such writ of seizure, and
said writ may be ordered to issue when probable cause is shown, supported by oath or affirmation
for the issuance of said writ, that the officer or person making the...
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14-15-10
Section 14-15-10 Actions concerning prison conditions; prisoner release orders. (a)
In any civil action with respect to prison conditions, no prisoner release order shall be
entered unless both of the following are satisfied: (1) A court has previously entered an
order for less intrusive relief that has failed to remedy the deprivation of the right sought
to be remedied through the prisoner release order. (2) The defendant has had a reasonable
amount of time to comply with the previous court orders. (b) In any civil action in state
court with respect to prison conditions, a prisoner release order shall be entered by a three-judge
court, if the requirements of subsection (f) have been met. (c) In any action required to
be heard and determined by a court of three judges, the composition and procedure of the court
shall be as follows: (1) Upon the filing of a request for three judges, the judge to whom
the request is presented shall immediately notify the Chief Justice of the Alabama...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a
non-capital felony offense commenced by complaint, the defendant may give written notice three
days after his or her arrest to a judge of the district or circuit court of the county having
jurisdiction of the offense charged that the defendant desires to plead guilty as charged
or as a youthful offender upon the granting of youthful offender status. (b) Upon receipt
of the written notice from the defendant stating his or her desire to plead guilty, the court
shall direct the district attorney to prefer and file an information against the defendant.
The information shall be made under oath of the district attorney or a witness, and shall
accuse the defendant with the same specificity as required in an indictment of the offense
or offenses for which the defendant is charged. This section shall not be construed
to preclude the district attorney from amending or dismissing a pending charge against a...
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2-27-16
Section 2-27-16 Penalty for violation of article; injunctions. (a) Any person who shall
violate any of the provisions of this article declared to be unlawful or who shall fail or
refuse to perform any duty or requirement imposed by the provisions of this article, or who
shall violate any rule or regulation duly promulgated under this article or who shall sell
or offer for sale or distribute for sale any pesticide or device in violation of any of the
requirements of this article shall be guilty of a misdemeanor and, upon conviction, shall
be punished as now prescribed by law for such an offense. Fines imposed under this article
shall be paid into the Agricultural Fund of the State Treasury. (b) In addition to the penalty
and other enforcement remedies of this article and notwithstanding the existence of an adequate
legal remedy, the circuit court, or any judge thereof, shall have jurisdiction and for cause
shown and upon a hearing to grant a temporary restraining order or preliminary or...
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34-11-35
Section 34-11-35 Powers of the board. (a) The board shall have the power to adopt and
amend bylaws and rules not inconsistent with the constitution and laws of this state, as may
be reasonably necessary for the proper performance of its duties and the regulation of its
procedures, meetings, records, examinations, and conduct. The board shall have the power to
adopt and amend from time to time rules of professional conduct for professional engineers,
engineer interns, professional land surveyors, land surveyor interns, and corporations, partnerships,
or firms holding certificates of authorization. The board shall adopt and have an official
seal, which shall be affixed to each certificate issued. (b) In carrying into effect its duties
in any case involving the revocation of licensure or any disciplinary proceeding involving
a licensee or the holder of a certificate of authorization or practicing or offering to practice
without licensure, or false statement in connection with an...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except
as provided in subsection (b) of this section, any person having an interest which
is or may be adversely affected, (or any citizen of this state having knowledge that any of
the provisions of this article are willfully or deliberately not being enforced and who files
a statement with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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