MILLER v. MARSHALL COUNTY BD. OF EDUC.

1930984.

652 So.2d 759 (1995)

Melinda Starling MILLER and Keith E. Johnson v. MARSHALL COUNTY BOARD OF EDUCATION, et al.

Supreme Court of Alabama.

January 6, 1995.


Attorney(s) appearing for the Case

Charles H. Younger, Huntsville, George M. Barnett of Barnett & Driskill, Guntersville, David L. Beuoy of Burke & Beuoy, Arab, for appellants.

Donald B. Sweeney, Jr. and Eugenia H. McGill of Rives & Peterson, Birmingham, for appellees.

J. Thomas Francis, Jr. and Ed R. Haden of Balch & Bingham, Birmingham, for amicus curiae Madison County Bd. of Educ., in support of appellees.


SHORES, Justice.

This tax case presents the question whether Act No. 87-537, Ala. Acts 1987, violates Art. IV, § 105, of the Constitution of Alabama of 1901. The appellants claim that the subject of that local act is subsumed by § 40-12-4, Ala.Code 1975, a general act that specifically authorizes county commissions to levy a tax measured by gross receipts, parallel to the state sales and use tax, in order to provide for public education in the counties....

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