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AlaFile E-Notice
To:MICHAEL J. GAMBLEgamblelawfirmmjg@comcast.net
38-CV-2010-000108.00
Judge: RMH
NOTICE OF ELECTRONIC FILING
IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA
The following matter was FILED on 7/27/2010 2:20:14 PM
HOUSTON COUNTY COMMISSION VS. HOUSTON ECONOMIC DEVELOPMENT ASSOC.38-CV-2010-000108.00MOTION TO SUBMIT BRIEF AMICI CURIAE
Notice Date:7/27/2010 2:20:14 PM[Attorney: GAMBLE MICHAEL J]
CARLA H. WOODALLCIRCUIT COURT CLERK
HOUSTON COUNTY, ALABAMA114 NORTH OATES STREETDOTHAN, AL 36302334-677-4859
ZF MICHAEL J. GAMBLE
/s MICHAEL J. GAMBLE
Signature of Attorney or Party:Date:Check here if you have filed or are filingcontemoraneously with this motion an Affidavit ofSubstantial Hardship or if you are filing on behalf of anagency or department of the State, county, or municipalgovernment. (Pursuant to §6-5-1 Code of Alabama(1975), governmental entities are exempt fromreament of filin fees
Case No.
STATE OF ALABAMA
Unified Judicial System
38-HOUSTON
District CourtCircuit Court
Revised 3/5/08
HOUSTON COUNTY COMMISSION VS. HOUSTONECONOMIC DEVELOPMENT ASSOC.
CIVIL MOTION COVER SHEET
Name of Filing Party: Name, Address, and Telephone No. of Attorney or Party. If Not Represented.Attorney Bar No.:
MICHAEL J. GAMBLE206 EAST MAIN STREETDOTHAN, AL 36301GAM011
TYPE OF MOTION
Motions Requiring FeeMotions Not Reuirin Fee
Default Judgment ($50.00)Joinder in Other Party's Dispositive Motion (i.e.Summary Judgment, Judgment on the Pleadings, orother Dispositive Motion not pursuant to Rule 12(b))($50.00)Summary Judgment pursuant to Rule 56($50.00)Renewed Dispositive Motion(Summary Judgment,Judgment on the Pleadings, or other DispositiveMotion not pursuant to Rule 12(b)) ($50.00)Judgment on the Pleadings ($50.00)Motion to Dismiss, or in the Alternative SummaryJudgment($50.00)OtherAdd PartyAmendChange of Venue/TransferCompelConsolidationContinueDepositionDesignate a MediatorJudgment as a Matter of Law (during Trial)Disburse FundsExtension of TimeIn LimineJoinderMore Definite StatementMotion to Dismiss pursuant to Rule 12(b)New TrialObjection of Exemptions ClaimedPlaintiff's Motion to DismissPreliminary InjunctionProtective OrderQuashRelease from Stay of ExecutionSanctionsSeverSpecial Practice in AlabamaStayStrikeSupplement to Pending MotionVacate or ModifyWithdrawOtherMotion to submit brief Amici Curiaepursuant to Rule
0
(Subject to Filing Fee)pursuant to Rule($50.00)
*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.**Motions titled 'Motion to Dismiss' that are not pursuant to Rule 12(b) and are in fact Motions for Summary Judgments are subject to filing fee.
*Motion fees are enumerated in §12-19-71(a). Feespursuant to Local Act are not included. Please contact theClerk of the Court regarding applicable local fees.Local Court Costs $
ZF - MICHAEL J. GAMBLE
7/27/2010 2:15:30 PMCV201000010800
Pendente LiteOral Arguments RequestedMotion to Intervene ($297.00)
ELECTRONICALLY FILED7/27/2010 2:20 PMCV-2010-000108.00CIRCUIT COURT OFHOUSTON COUNTY, ALABAMACARLA H. WOODALL, CLERK
IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMAHOUSTON COUNTY COMMISSION,))Plaintiff,))vs.)Case No. - CV 2010-108)HOUSTON ECONOMIC )DEVELOPMENT ASSOCIATION,))Defendant.)
Motion to submit brief
Amici Curiae
1) My name is Michael J. Gamble and I am an Attorney licensed in the State of Alabama.I am a citizen of Houston County, Alabama and over the age of nineteen.2) I have an interest in the finances of my county government.3) The outcome of the matter pending before this court impacts the finances of mycounty government.4) While the Houston County Commission is empowered “To examine, settle and allowall accounts and claims chargeable against the county,” Code of Alabama 1975, section 11-3-11(3), a determination of the validity of such a claim by the County Commission is only primafacie as to its correctness. Where there is no merit to such claim the attempt to compromise and pay that claim is void and not binding on the county.
Mobile County v Williams,
61 So. 2d 963(Ala. 1913).5) The only equitable basis for requiring a refund of the license fee is a determinationthat the activity authorized by the grant of the license is illegal.6) Neither party has asserted a factual basis that justifies the refund of the license fees atissue in this case. Rather, both parties continue to maintain that the activity authorized by the
ELECTRONICALLY FILED7/27/2010 2:20 PMCV-2010-000108.00CIRCUIT COURT OFHOUSTON COUNTY, ALABAMACARLA H. WOODALL, CLERK
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