Clay County Animal Shelter, Inc. v. Clay County Commission et al.Annotate this Case
Clay County Animal Shelter, Inc. ("the animal shelter"), appealed a circuit court judgment declaring Act No. 2018-432, Ala. Acts 2018, to be unconstitutional. The animal shelter was a nonprofit “no-kill” organization that provided food, water, medical care, spay and neutering services, and adoption services for stray and abandoned animals in Clay County, Alabama. Most of the people working at the animal shelter were unpaid volunteers. The animal shelter incurs numerous expenses associated with operating the shelter and caring for the animals. The legislature sought to provide funding to the animal shelter with proceeds from the tobacco tax authorized in Clay County pursuant to section 45-14-244, Ala. Code 1975. It was undisputed that Act No. 2017-65, the appropriation measure at issue, did not receive the vote of two-thirds of all the members elected to each house. The Clay County Commission argued that that portion of Act No. 2017-65 purporting to distribute funds to the Clay County General Fund to be disbursed to the animal shelter was, therefore, unconstitutional. After careful consideration, the Alabama Supreme Court concluded the circuit court erred in declaring Act No. 2018-432 as unconstitutional. Judgment was reversed.