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Gilmore v. Jones
Citations: 97 So. 3d 769; 2012 WL 1650476; 2012 Ala. LEXIS 58Docket: 1110717
Court: Supreme Court of Alabama; May 11, 2012; Alabama; State Supreme Court
The Court of Civil Appeals relies on a statement from Corpus Juris Secundum, asserting that judgments involving governmental bodies are binding on residents regarding matters of public interest unless fraud or collusion is present. This principle is cited alongside a precedent, Boles v. Autery, which indicates that a county is a necessary party in disputes over road classifications. The concurrence emphasizes that while the law may align with the cited statement, it does not adequately address scenarios where landowners have unique, private interests in roadways that exceed general public interest, particularly in rural areas. The concurrence does not dispute the reasoning of the Court of Civil Appeals and agrees with the denial of the writ.