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CITY OF HOMEWOOD v. BHARAT, LLC

1040712.

931 So.2d 697 (2005)

CITY OF HOMEWOOD v. BHARAT, LLC, d/b/a Howard Johnson's Express Inn, and Greater Birmingham Lodging Association.

Supreme Court of Alabama.

Rehearing Denied December 16, 2005.

Attorney(s) appearing for the Case

Michael G. Kendrick and Brent G. Grainger of Vines & Waldrep, LLC, Birmingham, for appellant.

Alton B. Parker, Jr., of Spain & Gillon, L.L.C., Birmingham, for appellees.

WOODALL, Justice.

The City of Homewood ("the City") appeals from a judgment declaring invalid the City's Ordinance No. 2226 ("the ordinance"), which levied a "lodgings tax" of 6% for the privilege of furnishing accommodations within the City. We reverse that judgment and render a judgment for the City.

I. Factual Background

The ordinance, which was adopted on November 22, 2004, provides, in pertinent part:

"Section 1. That Sections...

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