K & D Automotive, Inc. v. City of Montgomery

I concur in the result reached by the main opinion and write separately to ex*769press my belief that this Court is not bound by the federal district court’s decision in Ashe v. City of Montgomery, 754 F.Supp.2d 1311,1319 (M.D.Ala.2010).

This Court has expressly rejected the view that it is bound by decisions of federal district and appellate courts. In Ex parte Gurganus, 603 So.2d 903, 906 (Ala.1992), abrogated by Weems v. Jeffersm-Pilot Life Insurance Co., 663 So.2d 905 (Ala.1995), a plurality of this Court held that this Court was bound by decisions of federal appellate courts interpreting…