Graddick v. McPhillips

I dissent from the majority's failure to reach the merits of the alleged conflict between the mandate of Article V, section 118, of the Alabama Constitution (1901, as amended 1969), and the salary adjustments occasioned by the application of the provisions of Code 1975, § 36-15-3. The usual rule as stated by the majority is "that declaratory judgment proceedings will not lie for an anticipated controversy." However, the conflict presented in this case comes within the exception to the general rule for cases that are "capable of repetition, yet evading review." Roe v. Wade, 410 U.S. 113, 126,…