The Alabama Supreme Court on Friday, May 18, 2024, affirmed a decision by a Mobile County judge to appoint a receiver to take charge of the Prichard Water Works & Sewer Board.Mobile Circuit Judge Michael Youngpeter last year ruled the utility was in default on $55.78 million it borrowed in 2019. Heand put a so-called receiver in charge. The water board argued the judge exceeded his authority. But the Supreme Court on Friday sided with Youngpeter.
“The trial court was in the best position to resolve all the issues regarding whether to appoint a receiver and, if so, who to appoint,” Justice Will Sellers wrote for the court. Sellers noted that trial court judges enjoy wide discretion unless their rulings are “plainly or palpably wrong or against the preponderance of the evidence.”
Sellers wrote that Youngpeter laid out a strong rationale for the receiver beyond the technical language of the agreement between the utility and Synovus Bank, which sold the bonds that financed the borrowing. The judge cited corruption, includingThe judge appointed John S. Young Jr., a former water company executive with extensive experience helping to turn around stressed water and sewer systems.
“The determination whether to appoint a receiver rests within the sound discretion of the trial court; this Court will not reverse the trial court’s ruling unless the trial court has clearly exceeded its discretion,” Sellers wrote.STORMtracker Alert through Saturday morning1 dead after 2 men shot, drive to Steak n Shake in Mobile, police say
Source: Law Daily Report (lawdailyreport.net)
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