Post on 17-Mar-2018
Ala File E-Notice
63-CV-2015-000090.00
Judge: CHARLES R. MALONE
To: KILLINGS AARON JR.killings@killingspoe.com
NOTICE OF ELECTRONIC FILING
IN THE CIRCUIT COURT OF TUSCALOOSA COUNTY, ALABAMA
HOME OWNDERS SEWER COMMITTEE, ET AL VS ECO-PRESERVATION SERVICES, LL63-CV-2015-000090.00
The following matter was FILED on 8/7/2015 3:34:46 PM
Notice Date: 8/7/20153:34:46 PM
MAGARIA HAMNER BOBOCIRCUIT COURT CLERK
TUSCALOOSA COUNTY, ALABAMA714 GREENSBORO AVENUE
TUSCALOOSA, AL 35401
205-349-3870magaria.bobo@alacourt.gov
•••••....----------~DOCUMENT 66
ELECTRONICALLY FILED817120153:34 PM
.~.;;.~~. 63-CV-20 15-000090.00CIRCUIT COURT OF
TUSCALOOSA COUNTY, ALABAMAMAGARIA HAMNER BOBO, CLERK
IN THE CIRCUIT COURT FOR TUSCALOOSA COUNTY, ALABAMACIVIL DIVISION
THE HOMEOWNERS SEWER )COMMITTEE, et al., )
)Plaintiffs, . )
)v, ) CASE NO. CV -15-90
)ECO-PRESERV ATION SERVICES, )LLC, an Ala. Limited liability . )company; et al. )
)Defendants. )
ORDER
This matter came before the Court on the motion to dismiss filed by Defendants
Fred Pugh. Jim Hocutt, and Nancy Ray. These Defendants are alleged by the Plaintiff
to be members of the board of directors of the Government Utility Services Board of
.the Town of Lake View ("The Lake View GUSC"), a public corporation formed by the
Town of Lake View pursuant to Ala. Code § 11-97-1, et. seq. (1975). 'Ihe members of
the board of directors are each selected by the Town of Lake View. Ala. Code § 11-
97-6(a). The Plaintiff has sued the Lake View GUSC, but has also sued these board
members in their official and individual capacities.
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--.....••..--------~DOCUMENT 66
There is no allegation by the Plaintiffthat these board members acted in anything
but their official capacities. 'Therefore, no individual capacity claim will lie against
them. Wheeler v. George, 39 So. 3d 1051, 1088~89 (Ala. 2009). Moreover, because
the Plaintiff has sued the Lake View GUSe, any official capacity claim against its
board members is redundant and unnecessary. Todd v. Kelley, 783 So. 2d 31, 38 (Ala.
Civ. App., 2000) (official capacity claims are claims against the governmental entity);
Dickinson v, City ofHuntsville, 822 So. 2d 411,415 (Ala., 2001); Tippins v. City of
Dadeville, 2014 WL 1092920, * 5 (M.D. Ala., 2014). Based on this, the motion to
dismiss by the board members is hereby granted.
Done this the 1 day of 0r'v&US1, 2015.
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