MARTIN v. CITY OF TRUSSVILLE

Civ. 1933.

376 So.2d 1089 (1979)

Charles MARTIN, d/b/a Meadow Lane Apartments v. CITY OF TRUSSVILLE, a Municipal Corporation.

Court of Civil Appeals of Alabama.

As Corrected On Denial of Rehearing September 12, 1979.


Attorney(s) appearing for the Case

John H. Alsbrooks, Jr., Birmingham, for appellant.

Donald B. Sweeney, Jr., Birmingham, for appellee.


BRADLEY, Judge.

Charles Martin, appellant here, and owner of Meadow Lane Apartments, filed a declaratory judgment action urging the trial court to find unconstitutional a municipal ordinance providing for the collection and disposal of garbage and the assessment of fees for providing such service. Alternatively, he asked that the ordinance not be considered compulsory in nature.

The ordinance in question reads in pertinent part as follows:

AN ORDINANCE...

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