Bevelle v. Jefferson County (In re Bevelle)

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
State court condemnation action was an exercise of police or regulatory power and was not subject to stay.
Procedural posture: 
Plaintiff chapter 13 debtor filed an adversary proceeding against defendants, an Alabama city and county, seeking to enjoin the city from vacating an alleyway adjacent to his property and to enjoin the county from using its eminent domain powers to take his property. The debtor moved for issuance of a temporary restraining order ("TRO"). The city filed a motion to dismiss. The county filed motions to abstain and for relief from the automatic stay.
Issue: 
ABI Membership is required to access the full summary of Bevelle v. Jefferson County (In re Bevelle). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member