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37-14-11
Section 37-14-11 Judicial determination of legality, etc., of article - Filing of complaint.
At any time subsequent to April 26, 1984, an affected secondary electric supplier whose distribution
facilities are subject to the provisions of this article and whose facilities may be purchased
pursuant to this article by a primary electric supplier may, in its discretion before the
closing of such purchase, seek judicial determination of the legality and validity of such
purchase of facilities pursuant to the provisions of this article, and all other questions
of the legality or validity of the provisions of this article. Such judicial determination
shall be had upon the filing of a complaint against the citizens of the State of Alabama and
against the affected primary electric supplier. Such complaint shall be filed in the circuit
court of Montgomery County, Alabama which shall have exclusive venue for the determination
of all questions of the legality and validity of the provisions of this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-11.htm - 1K - Match Info - Similar pages
37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of article.
In order to foster and encourage the underlying policies of this article and to assure that
sales and purchases of distribution facilities, and other transactions and actions authorized
or allowed by this article may be conducted in good faith with a knowledge of the validity
of the provisions hereof, and further, to assure that irrevocable commitments are not made
in the implementation of the provisions of this article without the assurance of their legality
and validity, the following judicial review process is hereby authorized and it is declared
to be the legislative intent that the provisions of this statute be judicially reviewed and
validated pursuant to the procedure set forth herein and that the circuit court enter a judgment
in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION
AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-38.htm - 10K - Match Info - Similar pages
37-14-12
Section 37-14-12 Judicial determination of legality, etc., of article - Contents of complaint;
order and notice of hearing to show cause; intervention. (a) The complaint by appropriate
allegations, references and/or exhibits shall briefly state the following: the authority for
the purchase and sale of distribution facilities and other transactions and restrictions under
this article; the nature of any franchise heretofore issued by a municipality which will be
affected; a general description of restrictions imposed by this article; the proposed date
when the purchase and sale or other transaction is to be effective, and the impact which such
restrictions and sale shall have on the parties and the public. (b) The judge of said court
shall, upon the filing and presentation of said complaint, issue an order against the citizens
of the state, and other defendants requiring them to show cause, at a time and place to be
designated in said order, which time shall be not less than 35 days nor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-12.htm - 4K - Match Info - Similar pages
37-14-13
Section 37-14-13 Judicial determination of legality, etc., of article - Hearing; entry of judgment;
appeals. At the time and place designated in said order, the judge of said circuit court shall
proceed to hear and determine all questions of law and of fact in said civil action, and he
shall make such order, or orders, as to the proceedings in said civil action as will best
preserve and protect the interests of all parties and to enable him to enter a final judgment
with the least possible delay. The final judgment shall find the facts specially and shall
state separately the judge's conclusions with regard to any and all legal issues raised with
regard to any of the provisions of this article and proposed purchase and sale of distribution
facilities and other transactions and restrictions under this article, together with other
matters raised in the complaint, and shall state the judge's conclusions of law thereon. Any
citizen of the state may appear in such proceedings, either...
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37-14-15
Section 37-14-15 Judicial determination of legality, etc., of article - Costs of proceedings.
The court costs in any proceeding brought under this article shall be paid by the electric
supplier commencing the action. (Acts 1984, No. 84-206, p. 314, ยง9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-15.htm - 560 bytes - Match Info - Similar pages
37-14-14
Section 37-14-14 Judicial determination of legality, etc., of article - Finality of judgment.
If the circuit court shall enter a judgment validating and confirming the propriety of the
provisions of this article and purchases and sales, other transactions and restrictions under
this article and no appeal shall be taken within the time prescribed within the Alabama Rules
of Appellate Procedure; or, if an appeal is taken and the judgment validating the provisions
of this article and such purchases and sales, other transactions and restrictions shall be
affirmed by the supreme court; or, if the circuit court shall render a judgment refusing to
validate and confirm the provisions of this article and/or the purchase and sale, other transactions
or restrictions pursuant to this article, and on appeal such judgment shall be reversed by
the supreme court (in which case the supreme court shall issue its mandate to the circuit
court requiring it to enter a judgment validating the provisions of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-14.htm - 1K - Match Info - Similar pages
37-14-37
Section 37-14-37 Provision of retail electric service in violation of article. (a) If an electric
supplier commences construction of facilities in violation of the provisions of this article,
any aggrieved electric supplier which is designated herein as the entity to provide such service
(the "aggrieved electric supplier") may petition the circuit court for the judicial
circuit in which the facilities are being constructed by the offending electric supplier for
an injunction to prevent the offending electric supplier from completing the facilities for
provision of the retail electric service in question. (b) If an electric supplier believes
that another electric supplier has already rendered or extended electric service at retail
to a premise which was designated to be served by the aggrieved electric supplier, the aggrieved
electric supplier shall give notice in writing to the offending electric supplier of the potential
violation of this article. The offending electric supplier shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-37.htm - 3K - Match Info - Similar pages
37-14-9
Section 37-14-9 Action for injunction or damages for violation of article authorized; procedure.
(a) If an electric supplier commences construction of facilities in violation of the provisions
of this article, any aggrieved electric supplier which is designated herein as the entity
to provide such service (the "aggrieved electric supplier") may petition the circuit
court for the judicial circuit in which the facilities are being constructed by the offending
electric supplier for an injunction to prevent the offending electric supplier from completing
the facilities for provision of the retail electric service in question. (b) If an electric
supplier believes that another electric supplier has already rendered or extended electric
service at retail to a premise which was designated to be served by the aggrieved electric
supplier, the aggrieved electric supplier shall give notice in writing to the offending electric
supplier of the potential violation of this article. The offending...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-9.htm - 3K - Match Info - Similar pages
37-14-33
Section 37-14-33 Retail electric service within municipalities. (a) Primary supplier's option
to acquire facilities within existing municipal limits. - The primary electric supplier within
each municipality shall, at its option, have the right to acquire all distribution facilities
of any secondary electric supplier used to supply retail electric service within the existing
municipal limits and shall have the right to serve all premises within the existing municipal
limits of such municipality subject to the provisions of subdivisions (a)(1) through (a)(5).
Except as authorized in this section, no secondary electric supplier shall extend facilities
to serve existing or new premises within the existing municipal limits of the municipality.
(1) The primary electric supplier must announce its intention to exercise its option to acquire
the distribution facilities of secondary electric suppliers by giving written notice by registered
or certified mail to the affected secondary suppliers...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-33.htm - 14K - Match Info - Similar pages
9-16-11
Section 9-16-11 Enforcement of provisions of article - Institution of civil action for enforcement
of final order of director; engaging in surface mining without valid permit; willful misrepresentations,
etc., in applications; rights of exception and appeal. (a) Should the director determine that
any final order or determination made by him, not then the subject of judicial review, is
being violated by any operator, then the director may cause to have instituted a civil action
in any court of competent jurisdiction to forfeit the bond of the operator as to land affected
by the operator's violation of this article or for injunctive or other appropriate relief
to prevent any further or continued violation of such final order or determination. (b) Any
person required by this article to have a permit who engages in surface mining without a valid
permit to do so as prescribed by this article shall be deemed guilty of a violation of this
article and, upon complaint made by the director in a...
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