STATE v. MANLEY

83-1, 83-81.

441 So.2d 864 (1983)

The STATE of Alabama and Don Seigelman, as Secretary of the State of Alabama v. Richard S. MANLEY. Tom BRASSELL, as Comptroller of the State of Alabama v. Richard S. MANLEY.

Supreme Court of Alabama.

Supplemental Dissenting Opinion November 30, 1983.


Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and L. Tennet Lee, III, Sp. Asst. Atty. Gen., for appellants.

T.W. Thagard, Jr. and David R. Boyd of Balch, Bingham, Baker, Ward, Smith, Bowman & Thagard, Montgomery, for appellees.

Robert Muncaster, pro se.

Joseph H. Johnson, Jr. and David W. Spurlock, Birmingham, and J. Marvin Albritton, Andalusia, and James D. Pruett, Gadsden, and Hugh W. Roberts, Jr., Tuscaloosa, amicus curiae on behalf of Richard S. Manley.

P. Nicholas Greenwood of Bradley, Arant, Rose & White, Birmingham, and Caddell, Shanks, Harris, Moores & Murphree, Decatur, amici curiae for Richard S. Manley.

Lawrence Dumas, Jr., Fournier J. Gale, III, & Cathy S. Wright of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for amicus curiae Associated Industries of Alabama, Inc.

Oakley Melton, Jr., Joe Espy, III and Ken Wallis, Legal Advisor, and Stephen N. Dodd, Asst. Legal Advisor, Montgomery, for Governor George C. Wallace, amicus curiae.

Drayton N. Hamilton, Montgomery, for amicus curiae Alabama League of Municipalities.

William M. Slaughter and Mark E. Ezell of North, Haskell, Slaughter, Young, & Lewis, Birmingham, amicus curiae on behalf of Richard S. Manley.


ADAMS, Justice.

These consolidated appeals are from a declaratory judgment and permanent injunction entered in the Circuit Court for Montgomery County.

On July 25, 1983, the Alabama Legislature passed Act 83-683, which proposed a new constitution for the State of Alabama. The Act provided that the new constitution would be submitted to the electorate for adoption in the same manner as an amendment under § 284, as amended, Alabama Constitution of 1901...

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