Distinguished
Distinguished by Precise v. Edwards, 2010 Ala. LEXIS 174 (2010)
On appeal, the plaintiffs contend that the facts of this case are more analogous to Ex parte East Alabama Mental Health-Mental Retardation Board, Inc., 939 So.2d 1 (Ala.2006), which they maintain requires a reversal of the trial court’s judgment in this case and that Dunnam, upon which the trial court relied, is distinguishable.
The opinion
ROBERTSON, Presiding Judge,
dissenting.
In Town of Camp Hill v. James, 686 So.2d 1208, 1213 (Ala.Civ.App.1996), cited in the main opinion, I did “not agree with the majority’s holding that a city or town’s voluntary participation in a statutory scheme deprives it of standing to attack the constitutionality of the scheme.” (Robertson, P.J., dissenting; footnote omitted.)
If the plaintiffs in this case do not have standing, then who would? I adhere to the view I expressed in Camp Hill; therefore, I respectfully dissent.