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NORTHINGTON v. ALABAMA DCNR

1071429.

33 So.3d 560 (2009)

Steven L. NORTHINGTON et al. v. ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES et al.

Supreme Court of Alabama.

September 25, 2009.

Attorney(s) appearing for the Case

Thomas G. Mancuso, C. McDowell Crook, Jr., and Felicia A. Long of Haskell Slaughter Young & Gallion, LLC, Montgomery; and Frank M. Wilson, Montgomery, for appellants.

David R. Boyd, Robin G. Laurie, and Kelly F. Pate of Balch & Bingham, LLP, Montgomery, for appellee Alabama Power Company.

Robert D. Segall of Copeland, Franco, Screws & Gill, P.A., Montgomery, for appellees Richard Bronson, David Heinzen, David L. French, and M.R. Taffet.

William A. Gunter, deputy legal counsel, for appellees Department of Conservation & Natural Resources and Commissioner M. Barnett Lawley.

BOLIN, Justice.

This appeal involves the constitutionality of Act No. 2006-398, Ala. Acts 2006, codified at § 33-6A-3.1, Ala.Code 1975, effective July 1, 2006 (hereinafter referred to as "the Act"), which prohibits certain marine vessels on three impoundment lakes in Alabama—Lake Martin, Weiss Lake, and Lake Harris (also known as Lake Wedowee).1 All three lakes are hydroelectric-impoundment lakes created and owned in

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