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LAIDLAW TRANSIT, INC. v. ALABAMA EDUC. ASS'N

1982234 and 1982235.

769 So.2d 872 (2000)

LAIDLAW TRANSIT, INC. v. ALABAMA EDUCATION ASSOCIATION et al. Tuscaloosa City Board of Education and its Superintendent, Robert A. Winter v. Alabama Education Association et al.

Supreme Court of Alabama.

April 21, 2000.

Attorney(s) appearing for the Case

Carl Johnson and Whit Colvin of Bishop, Colvin, Johnson & Kent, Birmingham, for appellant Laidlaw Transit.

J. Russell Gibson III and Jennifer B. Compton of Phelps, Jenkins, Gibson & Fowler, L.L.P., Tuscaloosa, for appellants Tuscaloosa City Board of Education and its Superintendent, Robert A. Winter.

Joe R. Whatley and Maureen Kane Berg of Whatley Drake, L.L.C., Birmingham; and Robert Segall of Copeland, Franco, Screws & Gill, Montgomery (Gregory B. Stein of Stein & Brewster, Mobile; and Cecil Gardner of Gardner & Middlebrooks, Mobile, "of counsel"), for appellees.

David R. Boyd and Beth Moscarelli of Balch & Bingham, L.L.P., Montgomery, for amicus curiae Alabama Association of School Boards.

E.J. "Mac" McArthur, executive director, Montgomery, for amicus curiae Alabama State Employees Association.

HOUSTON, Justice.

The issue in this declaratory-judgment action is whether the defendant Tuscaloosa City Board of Education ("the Board") had the statutory authority to contract with the codefendant Laidlaw Transit, Inc. ("Laidlaw"), for the transportation of students within the Tuscaloosa City School System. The trial court ruled that the Board's contract with Laidlaw violated Ala.Code 1975, § 16-11-9.1, and the Public Education Budget Acts of 1995, 1996, 1997...

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