Bingham v. City of Tuscaloosa

JONES, Justice.

This appeal challenges the constitutionality of Tuscaloosa Ordinance No. 1773 which requires a permit to engage in commercial enterprise or to erect a structure at Lake Tuscaloosa, The City owns the lake and lands immediately adjoining the shoreline. Appellant Bingham leases a parcel of shoreline property from the City on which he currently operates a grocery store. The primary function of the lake is to provide the domestic and industrial water supply to the City and to its inhabitants. Recreational usage such as boating, fishing, and swimming is also permitted. The Ordinance…