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BINGHAM v. CITY OF TUSCALOOSA

79-316.

383 So.2d 542 (1980)

Dwight W. BINGHAM v. CITY OF TUSCALOOSA, a Municipal Corporation.

Supreme Court of Alabama.

May 9, 1980.

Attorney(s) appearing for the Case

Michael D. Smith of Hall, Clark & Smith, Eutaw, for appellant.

J. Wagner Finnell, Asst. City Atty. and H. Burton Flanagan, Tuscaloosa, for appellee.

JONES, Justice.

This appeal challenges the constitutionality of Tuscaloosa Ordinance No. 1773 which requires a permit to engage in commercial enterprise or to erect a structure at Lake Tuscaloosa. The City owns the lake and lands immediately adjoining the shoreline. Appellant Bingham leases a parcel of shoreline property from the City on which he currently operates a grocery store. The primary function of the lake is to provide the domestic and industrial water supply...

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