Mitchell v. City of Mobile

323 So. 2d 344, 295 Ala. 73, 1975 Ala. LEXIS 1369
CourtSupreme Court of Alabama
DecidedDecember 4, 1975
DocketSC 1429
StatusPublished

This text of 323 So. 2d 344 (Mitchell v. City of Mobile) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. City of Mobile, 323 So. 2d 344, 295 Ala. 73, 1975 Ala. LEXIS 1369 (Ala. 1975).

Opinion

MERRILL, Justice.

The Personnel Board for Mobile County filed a declaratory judgment proceeding against the City of Mobile, seeking to have Act No. 2441, Acts of Alabama, 1971, Vol. V, p. 3903, relating to the Chief of Police of the City of Mobile, declared unconstitutional.

The trial court, on May 1, 1975, declared the Act constitutional and valid. The Personnel Board appealed.

' The essential part of Act No. 2441 consisted of one paragraph and on October 10, 1975, the legislature amended Act No. 2441 by rewriting the single paragraph in such a manner as to settle the controversy in the instant suit so that it would not now matter whether the original Act were valid or not. The question has become moot and the appeal is due to be dismissed for that reason.

Appeal dismissed.

HEFLIN, C. J., and MADDOX, JONES and SHORES, JJ., concur.

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Bluebook (online)
323 So. 2d 344, 295 Ala. 73, 1975 Ala. LEXIS 1369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-city-of-mobile-ala-1975.