# Water Works & Sewer Board of Prichard v. Board of Water & Sewer Commissioners

> Supreme Court of Alabama · September 13, 2013 · 141 So. 3d 958

URL: https://www.frixlaw.com/law-library/cases/4812800

## Case

- **Full name:** The WATER WORKS and SEWER BOARD of the CITY of PRICHARD v. The BOARD of WATER and SEWER COMMISSIONERS of the CITY of MOBILE d/b/a Mobile Area Water and Sewer Service System
- **Court:** Supreme Court of Alabama
- **Decided:** September 13, 2013
- **Citations:** 141 So. 3d 958; 2013 Ala. LEXIS 110; 2013 WL 4873453
- **Precedential status:** Published
- **Opinion:** Concurrence by Shaw
- **Judges:** Bolin, Bryan, Main, Moore, Murdock, Parker, Shaw, Stuart, Wise
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4812800

## Opinion text

SHAW, Justice
(concurring specially).
I concur in the main opinion. I write specially to note the following.
Article XVIII, § 284.01, of the Alabama Constitution of 1901, applies when a proposed constitutional amendment “affects or applies to only one county.” That language is strikingly broad, and nothing in the text of Amendment No. 863 explicitly “affects or applies to” any one particular county. However, there is no challenge raised or any discussion broached that Amendment No. 863 can have any effect or application outside Mobile County, where the Water Works and Sewer Board of the City of Prichard and the Board of Water and Sewer Commissioners of the City of Mobile operate. Thus, there appears to be no dispute that Amendment No. 863 “affects or applies to only one county” as contemplated by § 284.01; I therefore agree with the majority that § 284.01 controls.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4812800. Public record. Not legal advice.