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LUNSFORD v. JEFFERSON COUNTY

1050253.

973 So.2d 327 (2007)

Mark E. LUNSFORD et al. v. JEFFERSON COUNTY.

Supreme Court of Alabama.

May 4, 2007.

Attorney(s) appearing for the Case

Robert E. Battle, Wilson F. Green, and Michael J. Clemmer of Battle Fleenor Green Winn & Clemmer, LLP, Birmingham; and Michael R. Lunsford of Porterfield, Harper, Mills & Motlow, P.A., Birmingham, for appellants.

Charles S. Wagner, asst. county atty., Birmingham, for appellee.

BOLIN, Justice.

Mark E. Lunsford, Montevallo Twin Homes, LLC, and Montevallo. Square, LLC (hereinafter referred to collectively as "the landlords"), appeal from a judgment of the Jefferson Circuit Court declaring § 35-9-14, Ala.Code 1975 ("the statute"), unconstitutional. We affirm.

I. Factual Background and Procedural History

In 1948 Jefferson County found it necessary to make improvements to its sewer

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