Aliant Bank, a Division of USAmeribank v. Four Star Investments, Inc., et al.Aliant Bank, a Division of USAmeribank v. Wrathell, Hunt & Associates, LLC, and Pfil Hunt;Aliant Bank, a Division of USAmeribank v. Engineers of the South, LLC, and Tim Harbison, 2017 Ala. LEXIS 75

Summary

HOLDINGS: [1]-Board members of an improvement district for a failed subdivision were not entitled to immunity under Ala. Code §§ 11-47-190 (1975), 11-99A-7 (1975) for their own alleged wrongdoing with regard to a lender's negligence and breach-of-fiduciary-duty claims; [2]-Collateral estoppel did not apply because the facts litigated in a prior action on the loan contract were different; [3]-Res judicata did not apply because the causes of action were different; [4]-Factual issues as to when the lender should have discovered under Ala. Code § 6-2-3 (1975) that bond proceeds had been disbursed while construction was incomplete precluded summary judgment on limitations under Ala. Code § 6-2-38(l); [5]-The district owed no duty to the lender, fiduciary or otherwise; [6]-Claims against engineers were untimely under Ala. Code § 6-5-221(a) (1975); [7]-Fraud claims failed for lack of reliance.