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ALABAMA ALCOHOL. BEV. BD. v. HENRI-DUVAL WINERY

1010070.

890 So.2d 70 (2003)

ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD v. HENRI-DUVAL WINERY, L.L.C.

Supreme Court of Alabama.

As Modified on Denial of Rehearing April 30, 2004.

Attorney(s) appearing for the Case

William H. Pryor, Jr., atty. gen.; and James H. Anderson and Daniel O. Rodgers, deputy attys. gen., of Beers, Anderson, Jackson, Hughes & Patty, P.C., Montgomery, for appellant.

J. Doyle Fuller, Montgomery; and Robert B. Roden of Shelby & Cartee, Birmingham, for appellee.

Mary E. Pons, Montgomery, for amicus curiae Association of County Commissions of Alabama, in support of the appellant.

SEE, Justice.

The State of Alabama levies excise taxes on wine under the Alabama Table Wine Act, § 28-7-1 et seq., Ala.Code 1975; it formerly levied excise taxes under the Alabama Native Farm Winery Act, § 28-6-1 et seq., Ala.Code 1975. The Alabama Alcoholic Beverage Control Board ("the Board") appeals from the judgment of the Montgomery Circuit Court holding that § 28-7-16, Ala.Code 1975, the Code section pursuant to which the excise tax is levied...

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