City of Robertsdale v. Baldwin County
Docket: Civ. 6246
Court: Court of Civil Appeals of Alabama; January 12, 1988; Alabama; State Appellate Court
The case examines the City of Robertsdale's authority to issue building permits outside its corporate limits but within its police jurisdiction. The city argues it should have exclusive authority to issue these permits, citing its regulation and provision of services in the area. However, following an ore tenus hearing, the trial court concluded that the city did not meet its burden of proof as established in Ex parte City of Leeds, 473 So.2d 1060 (1985), which requires that building permit fees reflect the reasonable costs of supervision for provided services. The trial court determined that Baldwin County retains the authority to issue permits because the city failed to demonstrate how its fees were calculated based on the actual costs of services rendered. The appellate court noted that while the city does provide services to the area, there was no evidence of a cost calculation for these services in the records. The court reaffirmed the principle from the Leeds case, which applies not only to business license taxes but also to building permits, emphasizing that fees must correspond to the reasonable costs of municipal supervision. As the city did not provide the necessary calculations to justify its fees, the appellate court affirmed the trial court's decision, effectively denying the city's appeal. Other issues raised by the city were not addressed as they were deemed unnecessary given the outcome. The ruling was affirmed with concurrence from Judge Bradley and Judge Holmes.