WATER AND SEWER COM'RS OF MOBILE v. HUNTER

1050067.

956 So.2d 403 (2006)

BOARD OF WATER AND SEWER COMMISSIONERS OF the CITY OF MOBILE v. James HUNTER et al.

Supreme Court of Alabama.

Rehearing Denied October 20, 2006.


Attorney(s) appearing for the Case

Benjamin T. Rowe of Cabaniss, Johnston, Gardner, Dumas & O'Neal, LLP, Mobile, for appellant.

Herndon Inge III, Mobile; John W. Parker, Mobile; and David G. Wirtes, Jr., and George M. Dent III of Cunningham, Bounds, Crowder, Brown & Breedlove, L.L.C., Mobile, for appellees.


STUART, Justice.

The Board of Water and Sewer Commissioners of the City of Mobile ("the Water Board") appeals from an order of the Mobile Circuit Court declaring § 34-11-1, Ala.Code 1975, unconstitutional; in that order, the trial court also enjoined enforcement of that statute. We reverse and remand.

Factual and Procedural Background

The plaintiffs in the trial court, James Hunter and his family members, sued the Water Board, alleging...

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