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RANDALL v. WATER WORKS AND SEWER BD.

1021289.

885 So.2d 757 (2003)

Fred Lee RANDALL et al. v. The WATER WORKS AND SEWER BOARD OF the CITY OF BIRMINGHAM.

Supreme Court of Alabama.

Rehearing Denied January 23, 2004.

Attorney(s) appearing for the Case

David A. Sullivan, Birmingham; W.L. Williams, Birmingham; and Albert L. Jordan, William B. Stewart, and Matthew D. Fridy of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham, for appellants.

K. Mark Parnell and Mary H. Thompson of Emond, Vines, Gorham & Waldrep, Birmingham, for appellee.

William H. Pryor, Jr., atty. gen., Nathan A. Forrester., deputy atty. gen., and Olivia W. Martin, asst. atty. gen., amicus curiae State of Alabama, in support of the appellants.

STUART, Justice.

Fred Lee Randall, David Russell, Eugene Edelman, John C. Harris, Michael Hameen, and David Toney, a group of electors in the City of Birmingham (hereinafter referred to collectively as the "electors") appeal from a summary judgment entered in favor of the Water Works and Sewer Board of the City of Birmingham ("the Board"). In its summary-judgment order, the trial court declared invalid a proposed ordinance...

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