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THORN v. JEFFERSON COUNTY

78-286, 78-287.

375 So.2d 780 (1979)

Wayne THORN et al. v. JEFFERSON COUNTY et al. Charles CLARKSON, a general partner in Old Mountain Properties, a partnership, et al. v. JEFFERSON COUNTY et al.

Supreme Court of Alabama.

Rehearing Denied September 28, 1979.

Attorney(s) appearing for the Case

John W. Haley, of Noojin, Haley & Ashford, Birmingham, for appellants.

Edwin A. Strickland, and John S. Foster, Birmingham, for appellee, Jefferson County.

Donald B. Sweeney, Jr., Birmingham, for appellee, Jefferson County Bd. of Ed.

Hobart A. McWhorter, Jr., Birmingham, for appellee, City of Birmingham.

William G. Somerville, Jr., Birmingham, for appellees, City of Birmingham Bd. of Ed. and City of Mountain Brook Bd. of Ed.

J. M. Breckenridge, Birmingham, for appellee, City of Mountain Brook.

J. Howard McEniry, Jr., Bessemer, for appellees, the City of Bessemer, City of Hueytown and the Bessemer Bd. of Ed.

John W. Williams, Jr., Birmingham, for appellee, City of Homewood.

Jack H. Harrison, of Harrison, Jackson & Lee, Birmingham, for appellee, the City of Hoover.

Irvine C. Porter and James W. Porter, II, Birmingham, for appellees, City of Irondale and City of Homewood.

Patrick H. Boone, Birmingham, for appellees, City of Vestavia Hills and Bd. of Ed. of Vestavia Hills.

MADDOX, Justice.

Can the Legislature require citizens in Jefferson County to pay a higher rate of ad valorem tax on the same class of property than citizens in other counties of the state are required to pay? We hold that, based on the material before us, we cannot find, as a matter of law, that the classification made by the Legislature is rational. We reverse and remand.

Plaintiffs, as taxpayers, brought a class suit to recover what they claim were "excess...

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