# Chambers County Commission v. Chambers County Board of Education

> Supreme Court of Alabama · November 22, 2002 · 852 So. 2d 102

URL: https://www.frixlaw.com/law-library/cases/7760668

## Case

- **Full name:** CHAMBERS COUNTY COMMISSION v. CHAMBERS COUNTY BOARD OF EDUCATION
- **Court:** Supreme Court of Alabama
- **Decided:** November 22, 2002
- **Citations:** 852 So. 2d 102; 2002 Ala. LEXIS 338; 2002 WL 31630569
- **Precedential status:** Published
- **Opinion:** Concurrence by Moore
- **Judges:** Brown, From, Harwood, Houston, Johnstone, Lyons, Moore, Rationale, See, Stuart, Woodall
- **Cited by:** 0 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/7760668

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7760668. Public record. Not legal advice.