Justiciable Controversy

Alcantara-Angeles v. Birmingham Water Works Board, [Ms. 1200159, Aug. 13, 2021] __ So. 3d __ (Ala. 2021). The Court (Bryan, J.; Parker, C.J., and Shaw, Mendheim, and Mitchell, JJ., concur) reverses the Jefferson Circuit Court’s 12(b)(6) dismissal of Ciro Alcantara-Angeles’s complaint for declaratory judgment against the Birmingham Water Works Board. The Court holds

We express no opinion regarding the propriety of Alcantara-Angeles’s contention that the Board has a duty to repair or maintain the pipeline system at issue or whether the Board has breached a contract with Alcantara-Angeles. At this stage in the proceedings, the question before us is “ ‘not whether [Alcantara-Angeles] will prevail in the declaratory-judgment action.’ “ Muhammad [v. Ford, 986 So. 2d 1158, 1161 (Ala. 2007)]. The only question at this time is whether Alcantara-Angeles is “ ‘ entitled to a declaration of rights at all.’ ” Id. On that point, “ ‘[a]ll that is required for a declaratory judgment action is a bona fide justiciable controversy.’ ” MacKenzie [v. First Alabama Bank, 598 So. 2d 1367, 1370 (Ala. 1992)].

Based on Alcantara-Angeles’s amended complaint, it is clear that he has alleged the existence of a controversy that is “ ‘definite and concrete, touching the legal relations of the parties in adverse legal interest, and [that it is] a real and substantial controversy admitting of specific relief through a decree.’ ”

Ms. **11-12.

Related Documents