CAMPUS CREST AT TUSCALOOSA LLC BVSHSSF LLC CTC POV LLC 519 613 CREI LLC LLC LLC SH LLC LLC SSC LLC SSC LLC LLC LLC v. CITY OF TUSCALOOSA (2026)

On Application for Rehearing

APPLICATION OVERRULED; NO OPINION.

I respectfully dissent from overruling the application for rehearing insofar as it asks us to revisit the reversal of the Tuscaloosa Circuit Court's judgment dismissing the taxpayers’ due-process claim. For the reasons I stated in my special writing on original submission, I would grant the application for rehearing in part and affirm the trial court's dismissal of that claim. See Campus Crest at Tuscaloosa LLC v. City of Tuscaloosa, [Ms. SC-2025-0020, Oct. 3, 2025] ––– So. 3d ––––, –––– – –––– (Ala. 2025) (Cook, J., concurring in part and dissenting in part). In all other respects, I concur in overruling the application for rehearing. See, generally, Griggs v. NHS Mgmt., LLC, 419 So. 3d 12, 30-31 (Ala. 2024) (Cook, J., concurring specially).

SELLERS, Justice.

Bryan, Mendheim, and McCool, JJ., and Cole, Special Justice,* concur. Cook, J., concurs in part and dissents in part, with opinion, which Wise, J., joins. Stewart, C.J., and Shaw, J., dissent. Parker, J., recuses himself.