Ala File E-Notice

63-CV-2015-000090.00

Judge: CHARLES R. MALONE

To: KILLINGS AARON JR.killings@killingspoe.com

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF TUSCALOOSA COUNTY, ALABAMA

HOME OWNDERS SEWER COMMITTEE, ET AL VS ECO-PRESERVATION SERVICES, LL63-CV-2015-000090.00

The following matter was FILED on 8/7/2015 3:34:46 PM

Notice Date: 8/7/20153:34:46 PM

MAGARIA HAMNER BOBOCIRCUIT COURT CLERK

TUSCALOOSA COUNTY, ALABAMA714 GREENSBORO AVENUE

TUSCALOOSA, AL 35401

205-349-3870magaria.bobo@alacourt.gov

•••••....----------~DOCUMENT 66

ELECTRONICALLY FILED817120153:34 PM

.~.;;.~~. 63-CV-20 15-000090.00CIRCUIT COURT OF

TUSCALOOSA COUNTY, ALABAMAMAGARIA HAMNER BOBO, CLERK

IN THE CIRCUIT COURT FOR TUSCALOOSA COUNTY, ALABAMACIVIL DIVISION

THE HOMEOWNERS SEWER )COMMITTEE, et al., )

)Plaintiffs, . )

)v, ) CASE NO. CV -15-90

)ECO-PRESERV ATION SERVICES, )LLC, an Ala. Limited liability . )company; et al. )

)Defendants. )

ORDER

This matter came before the Court on the motion to dismiss filed by Defendants

Fred Pugh. Jim Hocutt, and Nancy Ray. These Defendants are alleged by the Plaintiff

to be members of the board of directors of the Government Utility Services Board of

.the Town of Lake View ("The Lake View GUSC"), a public corporation formed by the

Town of Lake View pursuant to Ala. Code § 11-97-1, et. seq. (1975). 'Ihe members of

the board of directors are each selected by the Town of Lake View. Ala. Code § 11-

97-6(a). The Plaintiff has sued the Lake View GUSC, but has also sued these board

members in their official and individual capacities.

1

--.....••..--------~DOCUMENT 66

There is no allegation by the Plaintiffthat these board members acted in anything

but their official capacities. 'Therefore, no individual capacity claim will lie against

them. Wheeler v. George, 39 So. 3d 1051, 1088~89 (Ala. 2009). Moreover, because

the Plaintiff has sued the Lake View GUSe, any official capacity claim against its

board members is redundant and unnecessary. Todd v. Kelley, 783 So. 2d 31, 38 (Ala.

Civ. App., 2000) (official capacity claims are claims against the governmental entity);

Dickinson v, City ofHuntsville, 822 So. 2d 411,415 (Ala., 2001); Tippins v. City of

Dadeville, 2014 WL 1092920, * 5 (M.D. Ala., 2014). Based on this, the motion to

dismiss by the board members is hereby granted.

Done this the 1 day of 0r'v&US1, 2015.

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