Kennon & Assocs., Inc. v. Gentry
In Kennon & Assocs., Inc. v. Gentry, 492 So. 2d 312 (Ala. 1986) the Court held:
"The statutory 15-day notice requirements contained in 11-52-74 and 11-52-77 are mandatory and 'must both be complied with when a city publishes notice of a proposed zoning ordinance or amendment.'" 492 So. 2d at 315.
The Court further stated:
"Where there had been a failure to strictly follow the procedural requirements applicable to the action sought, especially notice provisions, this Court has invalidated the ordinance passed or the action taken, irrespective of whether any person was prejudiced by the error or omission. See [1 Anderson, American Law of Zoning, 405 (2d ed. 1976)], and cases cited at n.37, p. 189. Thus, not only has the City of Phenix City in this case adopted regulations which by their express terms make specific notice requirements mandatory, but also there is ample authority for the view that, in adopting or amending a zoning ordinance, mandated procedural steps, especially notice requirements, must be strictly followed. We adhere to this view in the present case." 492 So. 2d at 318.