Clay County Commission v. Clay County Animal Shelter, Inc.Annotate this Case
The Clay County Commission appealed a trial court decision in favor of Clay County Animal Shelter, Inc. In July 2017, the county commission and three individuals ("the plaintiffs") initiated an action in against the animal shelter and certain state officials seeking injunctive relief and a judgment, pursuant to section 6-6-220 et seq., Ala. Code 1975, declaring that part of Act No. 2017-65 directing an expenditure of a portion of Clay County's tobacco-tax proceeds to the animal shelter to be unconstitutional. The plaintiffs asserted that Act No. 2017-65 was improperly enacted without a sufficient number of legislative votes in violation of Article IV, section 73, Ala. Const. 1901. The plaintiffs also filed a motion seeking a preliminary injunction to temporarily restrain distribution of Clay County's tobacco-tax receipts to the animal shelter. The animal shelter moved to dismiss the plaintiffs' complaint. The Alabama Supreme Court held the plain meaning of the language in Act No. 2017-65 provided for an appropriation to the animal shelter of 18% of Clay County's tobacco-tax proceeds. The animal shelter did not dispute that it is a "charitable or educational institution not under the absolute control of the state" within the meaning of section 73, nor did it argue that an appropriation to it would be exempt from the voting requirements of section 73. Thus, the legislature's appropriation to the animal shelter had to receive "a vote of two-thirds of all the members elected to each house" to comply with section 73. "It did not. That part of Act No. 2017-65 appropriating 18% of Clay County's tobacco-tax proceeds, i.e., Section 2(a)(3), is, therefore, unconstitutional." The trial court's judgment upholding Section 2(a)(3) was, therefore, reversed, and the case was remanded for further proceedings.