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ALABAMA ALCOHOLIC BEVERAGE CONTROL BD. v. CITY OF PELHAM

1011803 and 1011804.

855 So.2d 1070 (2003)

ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD et al. v. CITY OF PELHAM.

Supreme Court of Alabama.

February 28, 2003.

Attorney(s) appearing for the Case

Christopher E. Peters of Peters & Redditt, P.C., Mobile; H. Lewis Gillis and James L. Richey of Thomas, Means, Gillis & Seay, P.C., Montgomery; Robert S. Hill, asst. atty. gen.; and Joseph W. Adams, deputy atty. gen., for appellants/cross-appellees Alabama Alcoholic Beverage Control Board et al.

Thomas E. Baddley, Jr., and Jeffrey P. Mauro of Baddley & Mauro, L.L.C., Birmingham; and Frank B. Ellis, Jr., of Wallace, Head & Fowler, Columbiana, for appellee/cross-appellant City of Pelham.

LYONS, Justice.

The City of Pelham ("the City") challenges the distribution of net profits from the Alabama Alcoholic Beverage Control Board ("the ABC Board"). The City alleges that it has been deprived of earmarked funds in violation of the formula provided in § 28-3-74, Ala.Code 1975. The named defendants are the ABC Board, the State of Alabama, Don Siegelman in his official capacity as then Governor,1 and Robert Childree in his...

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