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SURLES v. CITY OF ASHVILLE

1080826 and 1081015.

68 So.3d 89 (2011)

Terry SURLES, sheriff of St. Clair County; Richard J. Minor, district attorney of St. Clair County; and Bob Riley, Governor of the State of Alabama v. CITY OF ASHVILLE; American Legion, Post 170; and Shooting Star Entertainment Group, LLC. State of Alabama v. City of Ashville; American Legion, Post 170; and Shooting Star Entertainment Group, LLC.

Supreme Court of Alabama.

January 14, 2011.

Attorney(s) appearing for the Case

Kendrick E. Webb and Gary L. Willford, Jr. , of Webb & Eley, P.C., Montgomery; and Billy R. Weathington, Jr. , of Weathington, Moore, Weisskopf & Hill, P.C., Moody, for appellant Sheriff Terry Surles.

Henry T. Reagan , Office of Governor Bob Riley, for appellant Governor Bob Riley; and J. Richard Minor , district atty., David Barber , Office of Governor Bob Riley; and Bruce Rogers and Charles K. Hamilton of Bainbridge, Mims, Rogers & Smith, LLP, Birmingham, for appellant District Attorney Richard Minor.

Troy King , atty. gen., and Corey L. Maze , asst. atty. gen., and Cheairs Porter , special asst. atty. gen., for the State.

Jeff Friedman , P. Thomas Dazzio, Jr. , and Lee T. Patterson of Friedman, Leak, Dazzio, Zulanas & Bowling, P.C., Birmingham; and Phillip Matthew Abbott of Abbott & Davis, LLC, Pell City, for appellee Shooting Star Entertainment Group, LLC; William J. Trussell , Pell City, for appellee the City of Ashville; and Kenneth S. Steely , Mobile, for appellee American Legion, Post 170.

Roy S. Moore and Benjamin D. Dupré , Foundation for Moral Law, Montgomery, for amicus curiae Foundation for Moral Law, in support of the appellants.

I. Nelson Rose , Encino, CA; and Kirkland E. Reid of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., Mobile, for amicus curiae I. Nelson Rose, in support of the appellees.

On Rehearing Ex Mero Motu

PER CURIAM.

This Court's opinion of January 29, 2010, is withdrawn, and the following is substituted therefor. These appeals are from a ruling of the St. Clair Circuit Court upholding an ordinance adopted by the City of Ashville ("the City") regulating bingo games within the City. On rehearing ex mero motu, we dismiss these appeals because there is no justiciable controversy.

Facts and Procedural History<...

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