City of Mobile v. Aborady

I must respectfully disagree with the holding that the amendment of the bill in this case was such “a material change in the bill as published” that it violated the provisions of § 106 of the Constitution.

The majority opinion, in my judgment, fails to follow the modern rule set out by this Court in Deputy Sheriffs Law Enforcement Association of Mobile County v. Mobile County, 590 So.2d 239, 242 (Ala.1991):

“Our examination of the older case law in this area suggests that the material variance rule was once rather strictly applied. The clear trend of our modern cases seems to be to uphold…