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BARBER v. CORNERSTONE COMMUNITY OUTREACH

1080805 and 1080806.

42 So.3d 65 (2009)

David BARBER, Emory Folmar, and Christopher Murphy v. CORNERSTONE COMMUNITY OUTREACH, INC., and Freedom Trail Ventures, Ltd. Governor Bob Riley v. Cornerstone Community Outreach, Inc., and Freedom Trail Ventures, Ltd.

Supreme Court of Alabama.

Rehearing Applications Denied January 29, 2010.

Attorney(s) appearing for the Case

David Barber , Montgomery, for appellants David Barber, Emory Folmar, and Col. Christopher Murphy.

Henry T. Reagan , Montgomery, for appellant Governor Bob Riley.

Robert D. Segall , Lee H. Copeland, J . David Martin , and Shannon L. Holliday of Copeland, Franco, Screws & Gill, P.A., Montgomery; and Collins Pettaway, Jr. , of Chestnut, Sanders, Sanders & Pettaway, LLC, Selma, for appellee Cornerstone Community Outreach, Inc.

Joe Espy III and William M. Espy of Melton, Espy & Williams, P.C., Montgomery, for appellees Freedom Trail Ventures, Ltd.

Troy King , atty. gen., and Corey L. Maze , deputy atty. gen., and Cheairs M. Porter , asst. atty. gen., for amicus curiae Troy King, atty. gen., in support of neither party.

Susan S. Wagner , William G. Somerville , and Andrew P. Walsh of Baker , Donelson, Bearman, Caldwell & Berkowitz, PC, Birmingham, for amicus curiae Bally Gaming, Inc., in support of the appellees.

MURDOCK, Justice.

On December 30, 2008, Governor Bob Riley issued Executive Order No. 44 creating the Governor's Task Force on Illegal Gambling ("the Task Force"). The order stated that the purpose of the Task Force was "promoting and supporting uniform statewide enforcement of Alabama's anti-gambling laws and to carry out the Alabama Constitution's strong public policy against lottery schemes and illegal gambling." The order created a special prosecutor to serve...

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