Surles v. City of Ashville

I respectfully dissent to withdrawing this Court’s original opinion and dismissing these appeals on rehearing ex mero motu. In our original opinion in this case, this Court unanimously held that the definition of “bingo” in Ordinance No. 2008-0011 (“the ordinance”) failed to comply with applicable law and that the ordinance was therefore unconstitutional. Specifically, we held that the definition of bingo in the ordinance impermissibly deviated from that definition of bingo found in Barber v. Cornerstone Community Outreach, Inc., 42 So.3d 65 (Ala.2009).2 Subsequently, this Court, ex mero motu…