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McINNISH v. RILEY

1040436.

925 So.2d 174 (2005)

Hugh McINNISH v. Bob RILEY, as Governor of the State of Alabama, et al.

Supreme Court of Alabama.

September 30, 2005.

Attorney(s) appearing for the Case

Mark G. Montiel, Montgomery, for the appellant.

Troy King, atty. gen., and Kevin C. Newsom, deputy atty. gen., and Charles B. Campbell, asst. atty. gen., for appellees Bob Riley and Kay Ivey; and Mose W. Stuart IV, asst. atty. gen., Department of Finance-Legal Division, for appellees James Allen Main and Robert L. Childree.

Joe Espy III and J. Flynn Mozingo of Melton, Espy & Williams, P.C., Montgomery, for appellee the Joint Fiscal Committee.

WOODALL, Justice.

Hugh McInnish appeals from a judgment of the Montgomery Circuit Court upholding the constitutionality of statutes he challenged as a taxpayer in this declaratory-judgment action. We reverse and remand.

This dispute involves the validity of "community services grants" disbursed pursuant to Act No. 98-677, Ala. Acts 1998, codified at Ala.Code 1975, §§ 29-2-120 to -124, and portions of Act No. 2004-456, the education appropriations...

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