Ex parte State of Alabama.
(Re DELANEY'S, INC., and Springdale Stores, Inc. v. STATE of Alabama).
Supreme Court of Alabama.https://leagle.com/images/logo.png
September 22, 2000.
Rehearing Denied November 22, 2000.
Attorney(s) appearing for the Case
Lawrence M. Wettermark of Galloway, Smith, Wettermark & Everest, L.L.P., Mobile; and Florence A. Kessler, Mobile, for petitioner.
J. Doyle Fuller and Susan G. Copeland of Law Office of J. Doyle Fuller, Montgomery, for respondents.
Bill Pryor, atty. gen.; Susan E. Kennedy, chief counsel, Department of Revenue, and asst. atty. gen.; and Duncan R. Crow, asst. counsel, Department of Revenue, and asst. atty. gen., for amicus curiae Department of Revenue.
Joseph Kettler, Montgomery, for amicus curiae Alabama League of Municipalities.
Frank G. Taylor and Kathryn W. Petersen of Sintz, Campbell, Duke & Taylor, Mobile, for amicus curiae Board of School Commissioners of Mobile County.
M. Kathryn Knight of Vickers, Riis, Murray & Curran, L.L.C., Mobile, for amici curiae Baldwin County Commission and the Revenue Commissioner of Baldwin County.
Mary E. Pons, Montgomery, for amicus curiae Association of County Commissions of Alabama.
Edwin K. Livingston, Montgomery, for amicus curiae Association of Alabama Tax Administrators.
Gregory B. Stein of Stein & Brewster, Mobile; and Sam Heldman of Gardner, Middlebrooks, Fleming, Gibbons & Kittrell, P.C., Birmingham, for amicus curiae Alabama Education Association.
Robert A. Huffaker and Rachel Sanders-Cochran of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amici curiae Alabama Forestry Association, Alabama Farmers Federation, Business Council of Alabama, and other trade associations and property owners.
Martha Ann Miller of Robison & Belser, P.A., Montgomery, for amicus curiae Alabama Association of School Boards.
Supreme Court of Alabama.
HOUSTON, Justice.1
This case comes to this Court not as a stranger. See State v. Delaney's, Inc.,668 So.2d 768 (Ala.Civ.App.1995), and Ex parte Roberts,682 So.2d 44 (Ala.1996). It involves sections (a) and (j) of Amendment No. 373 of the Constitution of Alabama of 1901 ("the Amendment"), and Ala.Code 1975, § 40-8-1 et seq. More specifically, it...
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