Unlawful Gambling, Public Nuisance, § 6-5-120, Ala. Code 1975 and Necessary and Indispensable Parties Under Rule 19(a) and (b) Ala. R. Civ. P.


State of Alabama v. Epic Tech, LLC, [Ms. 1180675, 1180794, Sept. 25, 2020] ___ So. 3d ___ (Ala. 2020) (consolidated). The Court (Wise, J.; Bolin, Mendheim, Stewart, and Mitchell, JJ., concur specially; Parker, C. J., concurs in part and concurs in the result; Shaw and Sellers, JJ., concur in the result) reverses orders entered by the Lowndes Circuit Court and the Macon Circuit Court in favor of operators of gambling establishments (Southern Star and Victoryland) upon concluding 1) the Circuit Court has jurisdiction to enjoin a public nuisance pursuant to § 6-5-120 even though that conduct may also be criminal; 2) the state could seek to enjoin unlawful gambling as a public nuisance pursuant to § 6-5-121; 3) under the applicable standard of review for a motion to dismiss pursuant to Rule 12(b)(6), the state’s complaints in both counties adequately alleged facts that would support a finding that defendants’ conduct causes harm and the state lacked another adequate remedy such that dismissal was improper, and 4) the operators of the Wind Creek Casinos were not necessary parties under Rule 19(a), Ala. R. Civ. P. or indispensable parties under Rule 19(b), Ala. R. Civ. P. because the operators were not subject to the jurisdiction of the Lowndes or Macon Circuit Courts as required by Rule 19(a) given the holding in Alabama v. PCI Gaming Authority, 801 F.3d 1278 (11th Cir. 2015). Accordingly, the orders dismissing the state’s complaints were due to be reversed.

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