Mount Royal Towers, Inc. v. Alabama Bd. of Health

In Fireman's Fund American Insurance Co. v. Coleman [MS. August 8, 1980] ___ So.2d ___ (Ala. 1980), we recently had occasion to discuss our views regarding substantive due process under the Constitution of Alabama. The instant case provides an opportunity to continue that discussion, this time in the economic context, rather than that of common-law rights.

This declaratory judgment action challenges the constitutionality of Alabama's Certificate of Need Act, Act 82 (First Special Session 1977) (Code of Ala. 1975, § 22-21-260, et seq.) and Act 79-577 (Regular Session 1979). The purpose of the…