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PHALEN v. BIRMINGHAM RACING COM'N

84-840, 84-861 and 84-921.

481 So.2d 1108 (1985)

Dennis R. PHALEN v. The BIRMINGHAM RACING COMMISSION, a body purporting to be a corporation, et al. Padgett C. COPE, et al. v. The BIRMINGHAM RACING COMMISSION, a body purporting to be a corporation, et al. BIRMINGHAM TURF CLUB, INC., an Alabama corporation, et al. v. STATE of Alabama, on the Relation of Dennis R. PHALEN, an informant.

Supreme Court of Alabama.

November 22, 1985.

Attorney(s) appearing for the Case

Thomas L. Stewart of Gorham, Waldrep, Stewart & Kendrick, Birmingham, for appellant Dennis R. Phalen.

A. Eric Johnston and R. Dale Wallace, Jr. of Seier, Johnston & Wallace, Birmingham, for appellants Padgett C. Cope, et al.

William J. Ward and Michael L. Edwards of Balch & Bingham, William M. Slaughter, Mark E. Ezell and James L. Richey of Haskell, Slaughter, Young & Lewis, Birmingham, for cross-appellants Birmingham Turf Club, et al.

David J. Vann of Carlton, Vann & Stichweh, Birmingham, for appellee The Birmingham Racing Com'n.

James K. Baker, City Atty., Birmingham, for appellee-intervenor City of Birmingham.

MADDOX, Justice.

These appeals and cross-appeal involve the question of the constitutionality of an act of the legislature which authorizes horse racing in the City of Birmingham.

The trial court, after reviewing the law, the briefs, and joint exhibits, and without taking any testimony, entered the following decree:

FINAL JUDGMENT

"This proceeding in Quo Warranto seeks to prevent the exercise of corporate powers by The Birmingham Racing Commission...

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