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CITY OF BIRMINGHAM v. SMITH

85-154.

507 So.2d 1312 (1987)

CITY OF BIRMINGHAM, a municipal corporation, and George S. Reynolds, probate judge v. Ben H. SMITH, Jr., et al.

Supreme Court of Alabama.

May 8, 1987.

Attorney(s) appearing for the Case

James L. North and Edgar C. Gentle III, and J. Michael Rediker and David R. Donaldson, of Ritchie & Rediker, Birmingham, for appellants.

William F. Murray, Jr., James J. Robinson, and F.A. Flowers III of Thomas, Taliaferro, Forman, Burr & Murray, and John T. Ennis, Sr. of Lloyd & Ennis, Birmingham, for appellees Ben H. Smith, Jr., et al.

Carl E. Johnson of Bishop, Colvin & Johnson, for intervenor-appellee City of Trussville.

A.J. Coleman, Decatur, for amicus curiae City of Decatur.

PER CURIAM.

This is an appeal from a judgment declaring unconstitutional §§ 11-42-40 through -88, Code 1975, under which the City of Birmingham attempted to annex territory, and voiding the results of the election held pursuant to those Code sections. The City of Irondale and seven individuals filed this action against the City of Birmingham and the Judge of Probate of Jefferson County. The City of Trussville intervened as a plaintiff. In addition to the...

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