AlaFile E-Notice

38-CV-2010-000108.00
Judge: RMH
To: MICHAEL J. GAMBLE
gamblelawfirmmjg@comcast.net

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA

HOUSTON COUNTY COMMISSION VS. HOUSTON ECONOMIC DEVELOPMENT ASSOC.

38-CV-2010-000108.00

The following matter was FILED on 7/27/2010 2:20:14 PM

ZF MICHAEL J. GAMBLE
MOTION TO SUBMIT BRIEF AMICI CURIAE
[Attorney: GAMBLE MICHAEL J]

Notice Date: 7/27/2010 2:20:14 PM

CARLA H. WOODALL
CIRCUIT COURT CLERK
HOUSTON COUNTY, ALABAMA
114 NORTH OATES STREET
DOTHAN, AL 36302

334-677-4859
 ELECTRONICALLY FILED
STATE OF ALABAMA Revised 3/5/08 Case No. 7/27/2010 2:20 PM
Unified Judicial System CV-2010-000108.00
CIRCUIT COURT OF
38-HOUSTON District Court Circuit Court CV201000010800
HOUSTON COUNTY, ALABAMA
CARLA H. WOODALL, CLERK
CIVIL MOTION COVER SHEET
HOUSTON COUNTY COMMISSION VS. HOUSTON
Name of Filing Party: ZF - MICHAEL J. GAMBLE
ECONOMIC DEVELOPMENT ASSOC.

Name, Address, and Telephone No. of Attorney or Party. If Not Represented. Oral Arguments Requested
MICHAEL J. GAMBLE
206 EAST MAIN STREET
DOTHAN, AL 36301
Attorney Bar No.: GAM011

TYPE OF MOTION
Motions Requiring Fee Motions Not Requiring Fee
Default Judgment ($50.00) Add Party
Joinder in Other Party's Dispositive Motion (i.e. Amend
Summary Judgment, Judgment on the Pleadings, or Change of Venue/Transfer
other Dispositive Motion not pursuant to Rule 12(b))
($50.00) Compel
Consolidation
Judgment on the Pleadings ($50.00)
Continue
Motion to Dismiss, or in the Alternative Summary Deposition
Judgment($50.00)
Designate a Mediator
Renewed Dispositive Motion(Summary Judgment,
Judgment as a Matter of Law (during Trial)
Judgment on the Pleadings, or other Dispositive
Motion not pursuant to Rule 12(b)) ($50.00) Disburse Funds
Extension of Time
Summary Judgment pursuant to Rule 56($50.00)
In Limine
Motion to Intervene ($297.00) Joinder
More Definite Statement
Other Motion to Dismiss pursuant to Rule 12(b)
pursuant to Rule ($50.00) New Trial
Objection of Exemptions Claimed
Pendente Lite
Plaintiff's Motion to Dismiss
*Motion fees are enumerated in §12-19-71(a). Fees
pursuant to Local Act are not included. Please contact the Preliminary Injunction
Clerk of the Court regarding applicable local fees. Protective Order
Quash
Local Court Costs $ Release from Stay of Execution
Sanctions
Sever
Special Practice in Alabama
Stay
Strike
Supplement to Pending Motion
Vacate or Modify
Withdraw
Other Motion to submit brief Amici Curiae
pursuant to Rule 0 (Subject to Filing Fee)

Check here if you have filed or are filing Date: Signature of Attorney or Party:
contemoraneously with this motion an Affidavit of
Substantial Hardship or if you are filing on behalf of an /s MICHAEL J. GAMBLE
agency or department of the State, county, or municipal 7/27/2010 2:15:30 PM
government. (Pursuant to §6-5-1 Code of Alabama
(1975), governmental entities are exempt from
prepayment of filing fees)

*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.
**Motions titled 'Motion to Dismiss' that are not pursuant to Rule 12(b) and are in fact Motions for Summary Judgments are subject to filing fee.
 ELECTRONICALLY FILED
7/27/2010 2:20 PM
CV-2010-000108.00
CIRCUIT COURT OF
HOUSTON COUNTY, ALABAMA
CARLA H. WOODALL, CLERK
IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA

HOUSTON COUNTY COMMISSION, )

)
Plaintiff, )
)
vs. )Case No. - CV 2010-108
)
HOUSTON ECONOMIC )
DEVELOPMENT ASSOCIATION, )
)
Defendant. )

Motion to submit brief Amici Curiae

1) My name is Michael J. Gamble and I am an Attorney licensed in the State of Alabama.

I am a citizen of Houston County, Alabama and over the age of nineteen.

2) I have an interest in the finances of my county government.

3) The outcome of the matter pending before this court impacts the finances of my

county government.

4) While the Houston County Commission is empowered “To examine, settle and allow

all accounts and claims chargeable against the county,” Code of Alabama 1975, section 11-3-

11(3), a determination of the validity of such a claim by the County Commission is only prima

facie as to its correctness. Where there is no merit to such claim the attempt to compromise and

pay that claim is void and not binding on the county. Mobile County v Williams, 61 So. 2d 963

(Ala. 1913).

5) The only equitable basis for requiring a refund of the license fee is a determination

that the activity authorized by the grant of the license is illegal.

6) Neither party has asserted a factual basis that justifies the refund of the license fees at

issue in this case. Rather, both parties continue to maintain that the activity authorized by the
license is legal. More specifically, neither have asserted illegality as a basis for refunding the

license fees.

7) Given the lack of merit to the claim for refund of the license fees, there exists the real

possibility the parties are attempting to utilize the equitable jurisdiction of this court to

accomplish what they are prohibited by law to do. It is respectfully suggested that such a

scenario would work a fraud upon the Court.

9) There is an issue as to the transparency of the proposed “consent judgment.” The

members of the county commission that voted to accept the “consent judgment” are the same

members of the county commission that collaborated in the drafting of the regulations under

which the license was issued. Thus, the “consent judgment” may not be the result of an arm’s

length negotiation.

10) The lack of a true effort at negotiation is further suggested by the statement of

Houston County Commission Chairman Mark Culver in an open meeting of the county

commission on July 8, 2010. In response to a question Chairman Culver assured the public the

County Commission would not return the license fees (sought by defendant) unless ordered by

the Court to do so. The proposed consent judgment, as worded, gives the clear impression this

Court is ordering the Houston County Commission to return the funds See for example Dothan

Eagle article by Debbie Ingram of July 27, 2010: “County officials have accepted a compromise

agreement proposed by the courts.” (attached as exhibit “A”)1

Wherefore, this petitioner moves the Court for permission to submit an Amici Curiae

brief on this issue.

http://www2.dothaneagle.com/news/2010/jul/26/county-agrees-court-settlement-bingo-stamp-
payment-ar-624488/
 Respectfully Submitted this the 27th day of July, 2010.

THE GAMBLE LAW FIRM

/s/ Michael J. Gamble

Michael J. Gamble
206 East Main Street
Dothan, AL 36301
334-793-2889
334-792-9611 - Fax

CERTIFICATE OF SERVICE

I hereby certify that on the 27th day of July, 2010, I electronically filed the foregoing with
the Clerk of Court using the CM/ECF system which will send notification of such filing to those
attorneys registered:

Gary C. Sherrer, Esq.

William B. Matthews, Jr., Esq.

William G. Somerville, III, Esq.

/s/ Michael J. Gamble

Michael J. Gamble
 ELECTRONICALLY FILED
7/27/2010 2:20 PM
CV-2010-000108.00
CIRCUIT COURT OF
HOUSTON COUNTY, ALABAMA
CARLA H. WOODALL, CLERK