City of Birmingham v. City of Vestavia Hills

The single issue in this case is whether the legislature, under its plenary power, may constitutionally change by local law the boundaries of a municipality to include property not contiguous1 to the municipality's boundaries as previously fixed. Stated otherwise, the question is whether Act No. 92708, Ala. Acts 1992, violates any one of three constitutional restraints on the legislature's power: Article IV, §§ 104(5), 104(18), and 105, of the Constitution of Alabama, 1901.

Act No. 92-708, a local law,2 became effective on October 7, 1992. It reads:

"AN ACT

"To alter or rearrange the boundary…