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TOWN OF ECLECTIC v. MAYS

87-907, 87-947.

547 So.2d 96 (1989)

TOWN OF ECLECTIC and Jesse Estes in his capacity as Mayor of the Town of Eclectic v. Mike MAYS, et al. Mike MAYS, et al. v. TOWN OF ECLECTIC and Jesse Estes in his capacity as Mayor of the Town of Eclectic.

Supreme Court of Alabama.

June 16, 1989.

Attorney(s) appearing for the Case

John I. Cottle III of Bowles & Cottle, Tallassee, for appellants/cross-appellees.

G. Houston Howard II of Howard, Dunn, Howard & Howard, Wetumpka, for appellees/cross-appellants.

ALMON, Justice.

Mike Mays and others, representing the water customers of the town of Eclectic, filed an action seeking injunctive and declaratory relief from an Eclectic ordinance that required all water customers of the town of Eclectic to use Eclectic's garbage service. The trial court entered an order declaring that the ordinance and garbage service fee schedules adopted pursuant to the ordinance were void, because they violated the equal protection provisions...

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