Bartlett v. Alabama Alcoholic Beverage Control Board

The Alabama Alcoholic Beverage Control Board (“Board”) petitioned this Court for certiorari review of the judgment of the Court of Civil Appeals holding that the Board’s retail sale of alcoholic beverages violated Article IV, § 93, Alabama Constitution of 1901. We granted the writ, and we now reverse that holding. However, we affirm a separate aspect of that judgment.

The Court of Civil Appeals issued an opinion affirming in part and reversing in part the judgment of the Montgomery Circuit Court. In its opinion, the Court of Civil Appeals set out the following procedural history:

“On November…