New Argument May Not Be Raised On Rehearing

Alabama Department of Environmental Management v. Wynlake Development, LLC, [Ms. 2190999, Aug. 13, 2021] __ So. 3d __ (Ala. Civ. App. 2021). The court (Thompson, P.J.; Moore, Edwards, and Hanson, JJ., concur; Fridy, J., recuses) denies Wynlake Development, LLC’s application for rehearing in action in which Wynlake appealed fines imposed by ADEM against Wynlake. The Court holds

On application for rehearing, however, Wynlake, for the first time, cites caselaw concerning “fixed standards” as they relate to decisions of administrative agencies .... Wynlake did not argue the applicability of, or rely upon, the “fixed standard” caselaw in its appellee’s brief submitted to this court on original submission, nor did it mention that concept or supporting law at any point before the trial court. “It is for the court to address the merit of the claim as framed by the [parties], not to reframe it.” Wright v. Cleburne Cnty. Hosp. Bd., Inc., 255 So. 3d 186, 192 (Ala. 2017). Furthermore, a party generally may not raise an issue or argument for the first time on application for rehearing.

Ms. **2-3.

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