Walker County Commission et al. v. Kelly et al.Annotate this Case
Plaintiffs the Walker County Commission and Commissioners Keith Davis, Bobby Nunnelly, Steven Aderhold, and Billy Luster, individually and in their official capacities (referred to collectively as "the Commission"), appealed a circuit court judgment in favor of defendants David Kelly, individually and in his official capacity as chairman of the Walker County Civil Service Board, and board members Rufus Reed, Donald Baxter, Raymond Bennett, and Gary Davis, individually (referred to collectively as "the Board"), the defendants below. The Supreme Court concluded that the Commission filed this action seeking to get clarification, or an advisory opinion, as to whether the Board would be bound by the Open Meetings Act in the future. Because there was no justiciable controversy and the Commission sought only an advisory opinion in its complaint, the circuit court did not have subject-matter jurisdiction over this action. Accordingly, the Supreme Court dismissed this appeal with instructions that the circuit court vacate its judgment and dismiss the case, without prejudice.