Dillard v. Baldwin County Comm'n

Summary

The Supreme Court of Alabama answered two certified questions concerning whether Alabama Code § 11-3-1.1 and a Baldwin County Commission resolution provided state-law authority for a seven-member county commission. The court held that the statute authorized only the alteration of district boundaries and did not provide substantive authority to change the number of commissioners. It therefore answered both certified questions in the negative.

Holdings

1. Section 11-3-1.1(a) authorizes alteration of district boundaries but does not authorize a change in the number of districts or commissioners; therefore, it does not provide substantive state-law authority for a seven-member commission.
2. Resolution No. 99-76 did not establish a seven-member Baldwin County Commission pursuant to substantive state law because the only authority for the number of districts in the resolution was the federal district court's order.

Questions Presented

1. Whether Ala. Code § 11-3-1.1(a) provides substantive state-law authority for a county commission to adopt a seven-member structure when redrawing court-ordered single-member districts.
2. Whether Baldwin County Resolution No. 99-76 adopted a seven-member commission pursuant to state law.

Disposition

other