Ex Parte City of Robertsdale

We issued the writ of certiorari to the Court of Civil Appeals to review its decision applying our recent opinion in Ex parte City of Leeds,473 So.2d 1060 (Ala. 1985). We reverse and remand with directions.

Petitioners urge us to overrule Ex parte City of Leeds, because, they say, it was wrongly decided. They claim evidence that it was wrongly decided can be found in the fact that the legislature, immediately after the decision, amended the Code section that was the basis for the Court's decision and, in effect, adopted the dissent's reasoning as to the intention of the legislature.

Ex parte…