Alcazar Shrine Temple v. MONTG. CTY. SHERIFF'S DEPT.
Alcazar Shrine Temple v. MONTG. CTY. SHERIFF'S DEPT.
Opinion
Alcazar Shrine Temple, a named defendant in a declaratory-judgment action filed by the Montgomery County Sheriff's Department and the Montgomery County Commission, appeals from the judgment of the Montgomery Circuit Court holding that permits for the operation of bingo games were validly issued pursuant to the Commission's "Rules and Regulations." We dismiss the appeal. *Page 1094
The parties submitted briefs and supporting evidence to the trial court on the issue of what law or combination of laws governs bingo gaming in Montgomery County. The trial court entered the following order:
"The Court thereby orders, adjudges and decrees that (a) Amendment 413 and Act No. 82-575 were properly enacted into law, (b) the Montgomery County Bingo Rules and Regulations as promulgated by the Montgomery County Commission and relied upon and distributed by the Montgomery County Sheriff since 1983 are valid and enforceable, (c) bingo permits were validly issued pursuant to these Rules and Regulations, and (d) neither the Montgomery County Commission nor the Montgomery County Sheriff has violated any of the constitutional or statutory provisions governing bingo in Montgomery County."
Alcazar filed a motion to alter, amend, or vacate the order of the trial court. In its motion, Alcazar argued that the trial court erred in its judgment that bingo permits were validly issued in Montgomery County and that the trial court failed to determine "who is qualified to operate bingo parlors in Montgomery County" and failed to determine "if there are entities that are operating illegally in Montgomery County according to the laws of the State of Alabama," as the Sheriff's Department and the Commission had requested in the declaratory-judgment complaint. The trial court denied Alcazar's motion, and Alcazar appeals. We dismiss the appeal.
In the present case, the trial court's judgment did not adversely affect the status of Alcazar's permit to conduct bingo games; in fact, the trial court found that Alcazar's permit was "validly issued pursuant to [the Commission's] Rules and Regulations." However, Alcazar claims that the trial court erred in failing to investigate each permit and to determine which permittees are not in compliance with the applicable bingo laws, as it had been requested to do in the declaratory-judgment complaint. Alcazar now seeks a determination of error in the trial court's failure to grant all of the relief requested because, as noted in its motion to alter, amend, or vacate, Alcazar has a "good faith belief" that many of its competitors "are not in compliance with existing laws, rules or regulations." However, Alcazar's commercial interest in having the bingo permits of its codefendants revoked does not confer standing upon Alcazar to appeal a judgment not adverse to Alcazar itself.
Appeals are "not allowed for the purpose of settling abstract questions, however interesting or important to the public generally, but only to correct errors injuriously affecting the appellant." 4 Am. Jur.2dAppeal and Error § 182 (1962) (footnote omitted). Alcazar is not aggrieved by the judgment of the trial court. Accordingly, Alcazar's appeal is hereby dismissed.
APPEAL DISMISSED.
MOORE, C.J., and LYONS, JOHNSTONE, and WOODALL, JJ., concur.
Reference
- Full Case Name
- Alcazar Shrine Temple v. Montgomery County Sheriff's Department and Montgomery County Commission.
- Cited By
- 8 cases
- Status
- Published