Opinion

Chambers County Commission v. Chambers County Board of Education

  • 852 So. 2d 102
  • 2002 Ala. LEXIS 338
  • 2002 WL 31630569
Court
Supreme Court of Alabama
Filed
Nov 22, 2002
Status
Published
Author
Moore
On the bench
Brown, From, Harwood, Houston, Johnstone, Lyons, Moore, Rationale, See, Stuart, Woodall
Cited by
0 cases

The opinion

MOORE, Chief Justice

(concurring in the result).

I agree with Justice Stuart that this case is better decided on the principle of the nondelegation of legislative power, rather than on the strained reading of Amendment No.-202 relied upon in the per curiam opinion. School boards are administrative bodies to which the Legislature has not delegated- — and cannot delegate— taxing powers that are reserved to it and its subordinate representative bodies by the Alabama Constitution. The constitutional provisions at issue in this case must be given a reasonable reading, one that avoids contradicting the nondelegation principle. Although I cannot adopt the reasoning of the main opinion, I agree with the conclusion it reaches that the Chambers Circuit Court’s decision to issue a writ of mandamus to the Commission is due to be reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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