K. Mark Parnell

K. Mark Parnell has over 24 years of experience in civil litigation, corporate transactional law, employment law, public utility law, and municipal law. As one of the primary attorneys for Alabama’s largest water utility, he has been extensively involved in all major corporate activities undertaken by this utility since 1988. These activities have included: prosecuting or defending all forms of civil or regulatory actions on behalf of this utility; numerous acquisitions or mergers of public water and/or waste water utilities; the sale and transfer of a public waste water collection and treatment system; the acquisition and sale of real estate, serving as issuer’s counsel for numerous bond issues; providing day-to-day advice regarding corporate governance; and providing day-to-day advice regarding all aspects of employment related issues.

Mr. Parnell also has extensive experience in representing municipalities, public agencies and instrumentalities, public officials, private individuals and private companies. 


Representative Present and Past Clients:
The Water Works Board of the City of Birmingham
The Water and Gas Board of the Town of Brookside
The Water and Sewer Board of the City of Prichard
The Gas Board of the City of Fultondale
The Town of Brookside
The Town of West Jefferson
The City of Fultondale
The Town of Mulga
The Town of Locust Fork
The Town of West Blockton
The Industrial Development Board of the Town of West Jefferson
The Commercial Development Board of the City of Fultondale
Perry County Associates, LLP
American Color Graphics, Inc.

Relevant Experience
Significant Corporate and Real Estate Transactions
Acquisition of the City of Pleasant Groves’ water system.
Acquisition of the Town of Roosevelt City’s water system.
Acquisition of a portion of the Roupes Valley Water Authority’s water system.
Acquisition of the City of Moody’s water and waste water systems.
$2,500,000.00 sale and transfer of The Water Works and Sewer Board of the City of Birmingham’s 
waste water system to the Governmental Utility Services Corporation for the City of Moody.
$22,500,000.00 sale and transfer of The Water Works and Sewer Board of the City of Birmingham’s 
waste water system to the Governmental Utility Services Corporation for Shelby County.
$85,000,000.00 acquisition of the raw water system from the Industrial Water Works Board of 
the City of Birmingham.
$476,000,000.00 reacquisition by The Water Works and Sewer Board of the City of Birmingham of 
the water and waste water systems from the City of Birmingham. 
$5,000,000.00 sale of approximately 3,200 acres of unimproved real estate

Litigation

Defense of Class Actions

During his career, Mr. Parnell has successfully defended numerous class action lawsuits.  These cases were eventually dismissed after motions for class certification were successfully defended. These cases involved: challenges to procedures to collect water and waste water bills; challenges regarding implementing rate increases; challenges concerning the performance of a utility’s duties as the collection agent for a waste water entity; and challenges to charitable contributions and the effect those contributions had on rate increases. 

Notable Class Action Decisions

Lloyd Colvin v. The Water Works and Sewer Board of the City of Birmingham, et. al.

Pam Cannon, et. al. v. The Water Works and Sewer Board of the City of Birmingham, et. al.

Fletcher Allen v. The Water Works and Sewer Board of the City of Birmingham, et. al.

General Liability Actions

During Mr. Parnell’s career, he has successfully defended numerous premises liability cases involving meter boxes, flood damage cases from broken or ruptured water mains, automobile accidents, workers’ compensation claims and complaints seeking injunctive relief. Mr. Parnell has also successfully prosecuted a number collection actions as well as actions seeking injunctive relief.  Successful verdicts were reached in these cases through motions for summary judgment and trial verdicts, both jury and non-jury.  

Notable Verdicts or Decisions

Jefferson County v. Ifediba Family, LLP. and The Water Works Baord of the City of Birmingham, Intervenor.

Jefferson County v. R&S Properties, et. al v. The Water Works and Sewer Board of the City of Birmingham.

Inman Park v. The Water Works and Sewer Board of the City of Birmingham.

The Water Works and Sewer Board of the City of Birmingham v. Umicore USA, Inc., et. al.

Franklin Littlejohn v. The Water Works and Sewer Board of the City of Birmingham.

Alfred Terry v. The Water Works and Sewer Board of the City of Birmingham.

The Water Works and Sewer Board of the City of Birmingham v. Honorable Alan L. King.

Tammy L. Rolley  v. The Water Works and Sewer Board of the City of Birmingham.

Lisa Cabera v. The Water Works and Sewer Board of the City of Birmingham.

Jones Brothers Paving & Contracting, Inc., v. The Water Works and Sewer Board of the City of Birmingham.

Ben Mathews v. The Water Works and Sewer Board of the City of Birmingham.

Arthur Spigner v. The Water Works and Sewer Board of the City of Birmingham.

Petitioners Alliance, et. al., v. City of Birmingham, et. al.

Honorable Bernard Kincaid, as Mayor of the City of Birmingham v. The Council of the City of Birmingham, et. al.

Notable Appellate Cases

The Water Works and Sewer Board of the City of Birmingham v. Inland Lake Inv. 2009 WL 2723203 (Ala. 2009)

Randall v. The Water Works and Sewer Board of the City of Birmingham 885 So.2d 757 (Ala. 2004)

Kincaid v Council of the City of Birmingham, 830 So. 2d 684 (Ala. 2001) (affirming without opinion decision of Jefferson County Circuit Court CV No. 00-4779 J. Hanes (Feb. 23, 2001)

The Water Works and Sewer Board of the City of Birmingham v. Petitioners Alliance, 824 So.2d 705 (Ala. 2001)

Petitioners Ex Parte The Water Works and Sewer Board of The City of Birmingham, 723 So.2d 41 (Ala. 1998)

Ex Parte The Water Works and Sewer Board of The City of Birmingham, 738 So.2d 783 (Ala. 1998)

Ex Parte Alabama Department of Environmental Management, 623 So.2d 1061 (Ala. 1993)

Defense of Labor Relation Issues

Mr. Parnell successfully defended a public utility from an effort by a national labor organization to petition the National Labor Relations Board to assert jurisdiction over the utility and to force the recognition of a proposed union. 

Mr. Parnell successfully defended a public utility from an effort by the Office of Federal Contract Compliance Programs, U.S. Department of Labor to assert regulatory jurisdiction over that utility.  

Education
Mr. Parnell received his undergraduate degree from Jacksonville State University in 1983 where he graduated with Special Honors and his law degree from Cumberland School of Law, Samford University in 1987 where he was an Associate Editor for The Cumberland Law Review.

Bar Admissions
Mr. Parnell is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Eleventh Circuit, United States Court of Appeals Federal Circuit, the United States District Courts for the Northern, Middle and Southern Districts of Alabama, as well as Alabama state courts.

Professional Associations, Memberships and Community Involvement
Mr. Parnell is a member of the American Bar Association, Alabama Bar Association, and Birmingham Bar Association. He is also a member of Alabama Association of Municipal Attorneys and the American Water Works Association, where he has previously served as Chairman of the Legislative Affairs Committee, Alabama Section. In addition to these professional associations, Mr. Parnell volunteers for the American Diabetes Association and served as the 2011 President/Chairman of the Alabama Leadership Council.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
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