More legal challenges against Valley Grande
Published 12:00 am Wednesday, December 10, 2003
And the Valley Grande story continues.
Collins Pettaway, attorney representing Valley Grande residents opposing incorporation, filed an application for reconsideration Friday with the Alabama Supreme Court. The application asks the court to reconsider its Nov. 21 ruling, which states a writ of mandamus filed by Pettaway should be dismissed.
Pettaway’s writ of mandamus, an extraordinary appeal occurring when no other option exists, was appealed to the Supreme Court by J. Doyle Fuller, the attorney representing Valley Grande residents favoring incorporation. The Nov. 21 ruling ordered Fourth Judicial Circuit Court Judge Marvin Wiggins to dismiss Pettaway’s writ, which ended the legal challenge to Valley Grande’s existence.
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In the application, Pettaway points to an opinion written by Supreme Court Justice Douglas Johnstone, which agreed with the Nov. 21 ruling. According to Pettaway, Johnstone states Pettaway hadn’t made the argument that Dallas County Probate Judge Johnnie Jones didn’t have the jurisdiction to issue the town’s order of incorporation.
In the application for reconsideration, Pettaway states he did make the argument that Jones didn’t have the jurisdiction to issue the order.
Pettaway said he didn’t know how long it would take for the high court to make a decision. &uot;Sometimes they take two weeks. Sometimes they take six weeks. Sometimes they take six months,&uot; he said.
The application for reconsideration isn’t Pettaway’s only option of appealing Valley Grande’s incorporation. A writ of quo warranto is another option, but Pettaway noted he would speak to his clients before filing one.
A quo warranto complaint is filed to contest the legal right for someone to hold office or the legal right for an entity to exist.