Legal Opinion
Alabama State Board of Health ex rel. Baxley v. Chambers County
Supreme Court of Alabama
Decided July 16, 1976No. SC 1751PublishedCited by 31 opinions
1Opinion of the Court
JONES, Justice.
The sole question for review concerns the construction of the Solid Wastes Disposal Act (Title 22, §§ 346-351, Code). More specifically, the issue is whether the provi*654sions of § 347(a) (“ . . . may, and is hereby authorized to”) are mandatory or permissive. The trial Court, denying the relief sought by the Alabama State Board of Health against Chambers County, ruled that these provisions are permissive. We agree. The judgment below is affirmed.
§ 347 provides:
“(a) Generally. — The county governing body or municipal governing body may, and is hereby authorized to, make available…
2Cases cited16 opinions
- Morgan County Commission v. PowellSupreme Court of Alabama · 1974
- Thompson v. StateSupreme Court of Alabama · 1852
- Ex parte BanksSupreme Court of Alabama · 1856
- Rodgers v. MeredithSupreme Court of Alabama · 1962
- Conecuh County v. CarterSupreme Court of Alabama · 1930
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Adams v. MathisSupreme Court of Alabama · 1977
- Ex parte D.W.Supreme Court of Alabama · 2002
- Harris v. StateSupreme Court of Alabama · 1977
- First Alabama Bank of Dothan v. RenfroSupreme Court of Alabama · 1984
- Lodge 1858, American Federation of Government Employees v. WebbCourt of Appeals for the D.C. Circuit · 1978
26 more not listed; retrieve them via the Exa API.