Venue - Declaratory Judgment Action Against Governmental Agency
Ex parte Board of Water and Sewer Commissioners of the City of Mobile, [Ms. 1170400, Aug. 31, 2018] __ So. 3d __ (Ala. 2018). This unanimous decision by Justice Bryan, issues a writ of mandamus to the Baldwin Circuit Court directing it to transfer the action to the Mobile Circuit Court. The Board of Water and Sewer Commissioners of the City of Mobile (“the Board”) agreed to sell treated water to the Spanish Fort Water System (“SFWS”), pursuant to a 2011 agreement. Ms. *2. SFWS sued the Board contending that the Board breached the agreement. Ms. *4. SFWS also sought a declaratory judgment. Ibid.
The Court issued the writ of mandamus requiring transfer of the action to Mobile County based “on the general common-law rule that an action against a governmental entity like the Board is properly maintained in the county where the governmental entity officially resides.” Ms. *9.