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File #: 25-0678    Version: 1 Name: AUTHORIZING THE MAYOR AND THE CITY ATTORNEY TO SUBMIT AMICUS BRIEF IN PENDING LITIGATION ON BEHALF OF THE CITY OF FOLEY
Type: Resolution Status: Adopted
File created: 11/17/2025 In control: City Council
On agenda: 11/17/2025 Final action: 11/17/2025
Title: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY ATTORNEY TO SUBMIT AMICUS BRIEF IN PENDING LITIGATION ON BEHALF OF THE CITY OF FOLEY WHEREAS, the City of Foley (“City”) has an interest in certain matters currently the subject of pending litigation in the United States District Court for the Middle District of Alabama, D.C. Docket No. 2:20-cv-00099-WKW-JTA, styled Singleton v. City of Montgomery, which is on appeal to the United States Court of Appeals for the Eleventh Circuit and which has a pending Writ of Certiorari petition to the Supreme Court of the United States (“Litigation”); and WHEREAS, the City Council finds that the issues presented in the Litigation may directly affect the legal rights, interests, operations, or obligations of the City and its residents; and WHEREAS, the City Council desires to protect the City’s legal and governmental interests by participating in the Litigation by submitting an Amicus brief in support of the position and arguments of the City of Montg...

Title

A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY ATTORNEY TO SUBMIT AMICUS BRIEF IN PENDING LITIGATION ON BEHALF OF THE CITY OF FOLEY

 

WHEREAS, the City of Foley (“City”) has an interest in certain matters currently the subject of pending litigation in the United States District Court for the Middle District of Alabama, D.C. Docket No. 2:20-cv-00099-WKW-JTA, styled Singleton v. City of Montgomery, which is on appeal to the United States Court of Appeals for the Eleventh Circuit and which has a pending Writ of Certiorari petition to the Supreme Court of the United States (“Litigation”); and

 

WHEREAS, the City Council finds that the issues presented in the Litigation may directly affect the legal rights, interests, operations, or obligations of the City and its residents; and

 

WHEREAS, the City Council desires to protect the City’s legal and governmental interests by participating in the Litigation by submitting an Amicus brief in support of the position and arguments of the City of Montgomery; and

WHEREAS, participation in the Litigation requires authorization by the governing body of the City of Foley.

 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, AS FOLLOWS:

 

Authorization to Submit Amicus Brief.

 

The Mayor of the City of Foley and the City Attorney are hereby authorized and directed to take all necessary actions to submit an Amicus Brief in the above-referenced Litigation on behalf of the City of Foley in support of the positions of the City of Montgomery and municipalities, including the filing of any pleadings, motions, or related documents.

Representation and Legal Actions.

 

The City Attorney is authorized to file such motions, pleadings and briefs on behalf of the  City in the Litigation or, if necessary, to engage outside counsel with appropriate expertise, subject to applicable procurement or approval requirements.

 

Further Actions.

 

The Mayor, City Attorney, and any retained counsel are authorized to take such further actions as may be reasonably necessary to protect the City’s legal interests in the Litigation.

Effective Date.

 

This Resolution shall take effect immediately upon its adoption.

 

ADOPTED AND APPROVED this 17th day of November, 2025.