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CITY OF BIRMINGHAM v. CITY OF VESTAVIA HILLS

1931335.

654 So.2d 532 (1995)

The CITY OF BIRMINGHAM; and Richard Arrington, Jr., as mayor of the City of Birmingham v. CITY OF VESTAVIA HILLS.

Supreme Court of Alabama.

January 13, 1995.

Attorney(s) appearing for the Case

Demetrius C. Newton, City Atty., and David J. Vann, Asst. City Atty., Birmingham, for appellants.

William Anthony Davis III of Starnes & Atchison, J. Mark White of White, Dunn & Booker, Patrick H. Boone, Birmingham, for appellee.

Thomas W. Powe, Jr. of Ray, Oliver & Ward, Tuscaloosa, for amicus curiae Town of Vance.

Robert W. Ennis IV, City Atty., City of Tuscaloosa Legal Dep't, Tuscaloosa, for amicus curiae City of Tuscaloosa (in support of the appellee).

O. Stanley Thornton of Wooten, Thornton, Carpenter, O'Brien, Lazenby & Lawrence, Talladega (for the City of Lincoln), Tom R. Ogletree of Ogletree & Livingston, Sylacauga (for the City of Sylacauga), Marion E. Wynn, Jr. of Wilkins, Bankster, Biles & Wynn, Fairhope (for the City of Fairhope), for amici curiae City of Lincoln, City of Sylacauga and City of Fairhope.

SHORES, Justice.

The single issue in this case is whether the legislature, under its plenary power, may constitutionally change by local law the boundaries of a municipality to include property not contiguous1 to the municipality's boundaries as previously fixed. Stated otherwise, the question is whether Act No. 92-708, Ala. Acts 1992, violates any one of three constitutional restraints on the...

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