SIEGELMAN v. ALABAMA ASS'N OF SCHOOL BDS.

1000951.

819 So.2d 568 (2001)

Governor Don SIEGELMAN, etc., et al. v. ALABAMA ASSOCIATION OF SCHOOL BOARDS et al.

Supreme Court of Alabama.

June 29, 2001.


Attorney(s) appearing for the Case

William F. Gardner and Joseph V. Musso of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for Jacksonville State University, University of Montevallo, University of North Alabama, University of South Alabama, Troy State University System, and University of West Alabama.

Samuel H. Franklin, William H. King III, S. Andrew Kelly, and David R. Pruet III of Lightfoot, Franklin & White, L.L.C., Birmingham; and Lee F. Armstrong, Office of General Counsel, Auburn University, for Auburn University.

Henry E. Simpson and David W. Spurlock of Lange, Simpson, Robinson & Somerville, L.L.P., Birmingham; C. Glenn Powell and Hattie E. Kaufman, Office of Counsel, University of Alabama System; and Kenneth J. Mendelsohn of Jemison & Mendelsohn, Montgomery, for the Board of Trustees of the University of Alabama.

Richard S. Manley of Manley, Traeger, Perry & Stapp, Demopolis, for the Joint Fiscal Committee of the Alabama Legislature.

Roderic G. Steakley and William R. Lunsford of Sirote & Permutt, P.C., Huntsville; and Braxton Schell, Jr., Birmingham, for Alabama A&M University.

Kenneth Thomas and Robert M. Weinberg of Thomas, Means, Gillis, Devlin, Robinson & Seay, Montgomery, for Alabama State University.

Bill Pryor, atty. gen.; Edward A. Hosp, Governor's Legal Advisor; Margaret L. Fleming, Charles B. Campbell, Scott L. Rouse, and Troy R. King, asst. attys. gen.; and Michael R. White, Alabama Department of Education for Governor Don Siegelman, State Finance Director Henry Mabry, and State Comptroller Robert Childree.

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for Alabama Association of School Boards, Board of School Commissioners of Mobile County, and Pike County Board of Education.

Robert C. Campbell III of Sintz, Campbell, Duke & Taylor, Mobile, for Board of School Commissioners of Mobile County.

Roger L. Bates, I. Ripon Britton, Jr., and E. Shane Black of Hand Arendall, L.L.C., Birmingham, for Alabama Coalition for Equity, Inc.

Robert D. Segall of Copeland, Franco, Screws & Gill, P.A., Montgomery; and Mark Sabel of Sabel & Sabel, Montgomery, for Mary Harper, suing for next friend of Deion Harper and Kerry Phillips.

Paul J. Dezenberg and James A. Tucker, Tuscaloosa; and Martha Morgan, University of Alabama School of Law, for Alabama Disabilities Advocacy Program.

William C. Honey, Montgomery, for amicus curiae Alabama Council of University Faculty Presidents, in support of the appellants.

Ray Ward and Thomas W. Powe, Jr., of Ray, Oliver & Ward, L.L.C., Tuscaloosa, for amicus curiae Alabama Council of School Board Attorneys.

J. Russell Gibson III and Jinny M. Ray Phelps, Jenkins, Gibson & Fowler, L.L.P., Tuscaloosa, for amicus curiae Lee County Board of Education.

Larry T. Menefee, Montgomery, for amici curiae Professor Wayne Flynt; a group of Alabama Law Professors; and other University Professors.

James R. Seale of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for amicus curiae Alabama Institute for the Deaf and Blind.


WOODALL, Justice.

These consolidated appeals arise out of an action commenced by (1) the Alabama Association of School Boards ("AASB"); (2) the Pike County Board of Education; (3) the Board of School Commissioners of Mobile County; and (4) the Alabama Coalition for Equity, Inc. ("ACE"), against (a) Governor Don Siegelman, (b) State Finance Director Henry Mabry (the "Director"), and (c) State Comptroller Robert Childree (the "Comptroller").

The underlying dispute...

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