CHILDREE v. HUBBERT

87-215, 87-280, 87-281, 87-282, 87-307, 87-324, 87-325 and 87-326.

524 So.2d 336 (1988)

Robert CHILDREE v. Dr. Paul HUBBERT and Margaret Ann Hubbert. ALABAMA DEPARTMENT OF YOUTH SERVICES v. Dr. Paul HUBBERT and Margaret Ann Hubbert. OFFICE OF PROSECUTION SERVICES v. Dr. Paul HUBBERT and Margaret Ann Hubbert. ALABAMA DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION v. Dr. Paul HUBBERT and Margaret Ann Hubbert. ALABAMA PUBLIC LIBRARY SERVICE, et al. v. Dr. Paul HUBBERT and Margaret Ann Hubbert. ALABAMA SPACE SCIENCE EXHIBIT COMMISSION v. Dr. Paul HUBBERT and Margaret Ann Hubbert. ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS v. Dr. Paul HUBBERT and Margaret Ann Hubbert. ALABAMA STATE COUNCIL ON THE ARTS v. Dr. Paul HUBBERT and Margaret Ann Hubbert.

Supreme Court of Alabama.

Rehearing Denied April 11, 1988.


Attorney(s) appearing for the Case

William G. Somerville, Jr., and Robert McD. Smith, Birmingham, and John T. Alley, Jr., Robert Sasser, Michael M. Eley, and Dorothy Littleton, Montgomery, for appellant Robert Childree.

Thomas R. Christian and Robert Childers, Montgomery, and William J. Samford II, Mt. Meigs, for appellant Alabama Dept. of Youth Services.

Bryan E. Morgan, Montgomery, for appellant Office of Prosecution Services.

Thomas B. Klinner and G.R. Trawick, Montgomery, for appellant Alabama Dept. of Mental Health.

James T. Sasser of Wood & Parnell, Montgomery, for appellants Ala. Public Library Service, Ala. Firefighters', Personnel Standards and Educ. Commission, Ala. Com'n on Physical Fitness, and Ala. Bd. of Nursing.

David W. Spurlock, Robert D. Thorington, Wendell Cauley, and W. Stanley Gregory of Johnson & Thorington, Montgomery, and J.R. Brooks of Ford, Caldwell, Ford & Payne, Huntsville, for appellants Ala. Space Science Exhibit and Ala. Space and Rocket Center.

Edward E. Davis, Montgomery, for appellant Ala. Dept. of Economic and Community Affairs.

L. Tennet Lee III, Huntsville, for appellant Ala. State Council on the Arts.

Lee Miller, Montgomery, for appellant Ala. Dept. of Finance.

Jerry Carpenter and Stephen N. Dodd, Montgomery, for appellant Ala. Bldg. Com'n.

Robert D. Segall and E. Terry Brown of Copeland, Franco, Screws & Gill, Montgomery, for appellees Dr. Paul Hubbert and Margaret Ann Hubbert.

David R. Boyd of Balch & Bingham, Montgomery, for amici curiae Legislators James S. Clark, Ryan deGraffenried, Jr., Taylor F. Harper, James M. Campbell, Tommy Carter, Charles Adams, Gary White, G.J. "Dutch" Higginbotham, William M. Slaughter, William Fred Horn, Lowell Barron, Richard S. Manley, Perry A. Hand, Frank Ellis, Jr., and William H. Drinkard.


ALMON, Justice.

These appeals arise from a judgment holding that the general appropriation act (1987 Ala. Acts No. 87-715) is unconstitutional insofar as that Act makes particular appropriations from the Alabama Special Education Trust Fund ("the ASETF") to various agencies of the state. The question presented is whether appropriations to state agencies can be made from the ASETF in a general appropriation bill.

The Constitution of 1901, § 45, provides...

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