Opinion of the Justices

925 So. 2d 193 (Ala. 2006) · Supreme Court of Alabama · February 16, 2006

Summary

The Alabama Supreme Court Justices considered a request for an advisory opinion concerning whether a proposed constitutional amendment limiting property-tax reappraisals in Escambia County to no more than once every four years would violate the Fourteenth Amendment. The majority declined to answer because the proposal involved a purely local matter and the record lacked facts necessary to evaluate its rational basis. Justice Tom Parker separately concluded that the amendment would not violate due process but declined to answer the equal-protection question for lack of sufficient facts.

Holdings

  1. The Justices declined to answer the House of Representatives' request because it involved a purely local matter and the materials supplied did not provide the factual basis necessary for constitutional review.
  2. Justice Parker concluded that, if duly ratified, the proposed amendment would not violate the Due Process Clause of the Fourteenth Amendment because it would not deprive any person of life, liberty, or property without due process of law.
  3. The Justices declined to answer the equal-protection question because the legislative submission contained insufficient facts to determine whether the proposed county-based appraisal classification had a rational basis.

Questions Presented

  1. Whether the Justices should issue an advisory opinion concerning a proposed constitutional amendment involving property-tax reappraisal in a single county.
  2. Whether the proposed amendment, if ratified, would violate the Due Process Clause of the Fourteenth Amendment.
  3. Whether the proposed amendment, if ratified, would violate the Equal Protection Clause of the Fourteenth Amendment.

Disposition

other

Cases Cited (20)

  • Opinion of the Justices No. 1, 209 Ala. 593, 96 So. 487 (1923)(followed)
  • Opinion of the Justices No. 16k, 269 Ala. 127, 111 So. 2d 605 (1959)(followed)
  • Opinion of the Justices No. 3k8, 665 So. 2d 1377 (Ala. 1995)(followed)
  • Opinion of the Justices No. 833, 598 So. 2d 1362 (Ala. 1992)(followed)
  • Opinion of the Justices No. 80k, 436 So. 2d 832 (Ala. 1983)(followed)
  • Opinion of the Justices No. 333, 598 So. 2d 1362 (Ala. 1992)(distinguished)
  • Opinion of the Justices No. 207, 287 Ala. 342, 251 So. 2d 759 (1971)(followed)
  • Opinion of the Justices No. 327, 519 So. 2d 956 (Ala. 1988)(followed)
  • Opinion of the Justices No. 280, 417 So. 2d 936 (Ala. 1981)(followed)
  • Howell v. Malone, 388 So. 2d 908 (Ala. 1980)(followed)

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