Phalen v. BIRMINGHAM RACING COM'N

These appeals and cross-appeal involve the question of the constitutionality of an act of the legislature which authorizes horse racing in the City of Birmingham.

The trial court, after reviewing the law, the briefs, and joint exhibits, and without taking any testimony, entered the following decree:

FINAL JUDGMENT

"This proceeding in Quo Warranto seeks to prevent the exercise of corporate powers by The Birmingham Racing Commission (the `Commission') and also seeks a declaratory judgment that Act No. 84-131 of the 1984 Regular Session of the Legislature of Alabama (the `Act') is unconstitutional.…