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6-6-591
Section 6-6-591 Right of action and venue - Usurpation, etc., of office or franchise, etc.
(a) An action may be commenced in the name of the state against the party offending in the
following cases: (1) When any person usurps, intrudes into or unlawfully holds or exercises
any public office, civil or military, any franchise, any profession requiring a license, certificate,
or other legal authorization within this state or any office in a corporation created by the
authority of this state; (2) When any public officer, civil or military, has done or suffered
any act by which, under the law, he forfeits his office; or (3) When any association, or number
of persons, acts within this state as a corporation without being duly incorporated. (b) The
judge of the circuit court may direct the action to be commenced when he believes that any
of the acts specified in subsection (a) of this section can be proved and it is necessary
for the public good, or it may be commenced without the direction...
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6-6-590
Section 6-6-590 Right of action and venue - Vacating charter or annulling existence of corporation.
(a) An action may be commenced under this article, in the name of the state, against the offending
corporation, on the information of any person for the purpose of vacating the charter or annulling
the existence of any corporation, other than municipal, whenever such corporation: (1) Offends
against any of the acts creating, altering, or renewing such corporation; (2) Violates the
provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;
(3) Has forfeited its privileges or franchises by failure to exercise its powers; (4) Has
done or omitted any act which amounts to a surrender of its corporate rights, privileges,
and franchises; or (5) Exercises a franchise or privilege not conferred on it by law. (b)
The judge of the circuit court, whenever he believes that any of the acts or omissions specified
in subsection (a) of this section can be proved and it...
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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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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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10A-2A-1.52
Section 10A-2A-1.52 Judicial proceedings regarding validity of corporate actions. (a) Upon
application by the corporation, any successor entity to the corporation, a director of the
corporation, any stockholder, beneficial stockholder or unrestricted voting trust beneficial
owner of the corporation, including any stockholder, beneficial stockholder or unrestricted
voting trust beneficial owner as of the date of the defective corporate action ratified under
Section 10A-2A-1.47, or any other person claiming to be substantially and adversely affected
by a ratification under Section 10A-2A-1.47, the designated court, and if none, the circuit
court for the county in which the corporation's principal office is located in this state,
and if none in this state, the circuit court for the county in which the corporation's most
recent registered office, is located, may: (1) determine the validity and effectiveness of
any corporate action or defective corporate action; (2) determine the validity...
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41-4-96
Section 41-4-96 Penalties for violations of article. A wilful and knowing refusal to perform
any of the requirements of this article or a wilful and knowing refusal to perform any rule
or requirement or request of the Governor, Director of Finance or the Budget Officer made
pursuant to or under authority of this article by any trustee, commissioner, director, manager,
building committee or other officer or person connected with any department, board, bureau,
commission, agency, office or institution of the state shall subject the offender to a penalty
of $250.00, to be recovered in an action instituted in the Circuit Court of Montgomery County
by the Attorney General for the use of the State of Alabama and shall also constitute a misdemeanor,
punishable by fine or imprisonment or both, in the discretion of the court, and shall subject
such offender to dismissal from office by the person, department, board, bureau, commission,
agency, office or institution of the state under which such...
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10A-2-13.30
Section 10A-2-13.30 Court action. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a demand for payment under
Section 10A-2-13.28 remains unsettled, the corporation shall commence a proceeding within
60 days after receiving the payment demand and petition the court to determine the fair value
of the shares and accrued interest. If the corporation does not commence the proceeding within
the 60 day period, it shall pay each dissenter whose demand remains unsettled the amount demanded.
(b) The corporation shall commence the proceeding in the circuit court of the county where
the corporation's principal office, or, if none in this state, its registered office, is located.
If the corporation is a foreign corporation without a registered office in this state, it
shall commence the proceeding in the county in this state where the registered office of the
domestic corporation merged with or whose shares were...
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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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9-10B-5
Section 9-10B-5 Functions and duties of Office of Water Resources. The general functions and
duties of the Office of Water Resources shall be as follows: (1) To develop long-term strategic
plans for the use of the waters of the state by conducting and participating in water resource
studies and by administering the laws established by this chapter and regulations promulgated
hereunder; (2) Acting through the commission, to adopt and promulgate rules, regulations,
and standards for the purposes of this chapter, and to develop policy for the state regarding
the waters of the state; (3) To implement quantitative water resource programs and projects
for the coordination, conservation, development, management, use, and understanding of the
waters of the state; (4) To serve as a repository for data regarding the waters of the state;
(5) To, at its discretion, study, analyze, and evaluate in coordination with, or with the
assistance of, other agencies of the state, the federal government, any...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
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