CITY OF OZARK v. TRAWICK

1910692.

604 So.2d 360 (1992)

CITY OF OZARK v. Johnny TRAWICK, et al.

Supreme Court of Alabama.

August 21, 1992.


Attorney(s) appearing for the Case

Joseph W. Adams, Ozark, and John G. Harrell and G. Edward Cassady III of Bradley, Arant, Rose & White, Birmingham, for appellant.

Samuel A. Cherry of Cherry, Givens, Tarver, Peters, Lockett & Diaz, P.C., Dothan, for appellees.


HOUSTON, Justice.

This is a tax case, where it is undisputed that the legal authority to collect the tax had expired and that the taxpayers are entitled to a refund of the amounts they paid. The amount of the refund is not at issue. What is at issue is the trial court's award of prejudgment interest and its award of attorney fees.

The facts are as follows:

On October 12, 1954, the City of Ozark ("the City") held a special election to authorize a special...

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