Saturday, August 03, 2002
Alabama Supreme Court Just one case from the AL S. Ct. yesterday, Chambers County Comm'n v. Chambers County Bd. of Ed.. The BOE wanted the County Commission to hold a special election to consider the adoption of a new school-district property tax. The Commission wanted to think about it some more, but a Circuit Court ordered the Commission to do what the BOE wanted. The Supreme Court, reversing, held that (under relevant constitutional principles) the BOE had neither the power to set the rate of the proposed tax nor to demand when the election would be held. Only two Justices concur in the Per Curiam opinion, so it's hard to say what precedential value it will have beyond this precise factual context. The Per Curiam, notably, exercises the judicial authority to correct a "scrivener's error" in the text of a constitutional amendment. Again, you'll have to take my word for this until the case makes it onto Findlaw in a few days.
posted by sam 7:07 AM
email: first name@last name dot net