Cnl. of Pnx. City v. Pnx. City Bd. of Ed., 2100346 (ala.civ.app. 9-2-2011)

BRYAN, Judge.

The Council of the City of Phenix City and its members, H.S. “Sonny” Coulter, Jimmy Wetzel, Max Wilkes, Michelle E. Walker, and Arthur Sumbry (collectively “the Council”), appeal from a permanent injunction entered in favor of the Phenix City Board of Education (“the Board”). We reverse and remand.

The Board is a city board of education authorized pursuant to § 16-11-1 et seq., Ala.Code 1975. The City of Phenix City (“the City”) has adopted a council-manager form of municipal government, pursuant to Act No. 71, Ala. Acts 1977. The Council appoints the members of the Board to serve…