context: While we are convinced that a utility board's right to substantive, municipal immunity is a question of whether "(1) the entity is created directly by the [municipality], so as to constitute a department or administrative arm of the [municipality], or (2) the entity is administered by individuals who are controlled by public officials and responsible to such officials or [who are controlled by and responsible to] the general public," C. Keating and J. Perkowitz-Solheim, McQuillin's Law of Municipal Corporations SS 53.05b (3d ed,, 1984 & 1991 Cum.Supp.), we do not find it necessary to address this issue in this case. Because Hilliard sued the Utility Board for negligence not involving a negligent inspection, he has effectively circumvented any available substantive immunity.
citation_a.signal: see also
citation_a.parenthetical: largely abrogating substantive, municipal immunity, and declaring SS 11-47-190, Ala.Code 1975, to be the policy of this state regarding municipal immunity
citation_a.sentence: See, Hillis v. City of Huntsville, 274 Ala. 663, 151 So.2d 240 (1963) (asserting that § 11-47-190 allows suits against a municipality only for negligence of an agent, employee, or officer acting within the line and scope of his duty, or for the municipality's failure to remedy a defect in its streets, alleyways, or buildings after notice of such defect or a reasonable time for such notice to be imputed); see also, Jackson v. City of Florence, 294 Ala. 592, 320 So.2d 68 (1975) (largely abrogating substantive, municipal immunity, and declaring § 11-47-190, Ala.Code 1975, to be the policy of this state regarding municipal immunity); and Rich v. City of Mobile, 410 So.2d 385 (Ala.1982) (declaring that negligent inspections are not covered by the negligence exception to municipal immunity stated in § 11-47-190), and Hilliard v. City of Huntsville, 585 So.2d 889 (Ala.1991) (following Rich in holding that the City enjoyed substantive immunity for an alleged negligent inspection).
citation_b.signal: see
citation_b.parenthetical: asserting that SS 11-47-190 allows suits against a municipality only for negligence of an agent, employee, or officer acting within the line and scope of his duty, or for the municipality's failure to remedy a defect in its streets, alleyways, or buildings after notice of such defect or a reasonable time for such notice to be imputed
citation_b.sentence: See, Hillis v. City of Huntsville, 274 Ala. 663, 151 So.2d 240 (1963) (asserting that § 11-47-190 allows suits against a municipality only for negligence of an agent, employee, or officer acting within the line and scope of his duty, or for the municipality's failure to remedy a defect in its streets, alleyways, or buildings after notice of such defect or a reasonable time for such notice to be imputed); see also, Jackson v. City of Florence, 294 Ala. 592, 320 So.2d 68 (1975) (largely abrogating substantive, municipal immunity, and declaring § 11-47-190, Ala.Code 1975, to be the policy of this state regarding municipal immunity); and Rich v. City of Mobile, 410 So.2d 385 (Ala.1982) (declaring that negligent inspections are not covered by the negligence exception to municipal immunity stated in § 11-47-190), and Hilliard v. City of Huntsville, 585 So.2d 889 (Ala.1991) (following Rich in holding that the City enjoyed substantive immunity for an alleged negligent inspection).