Tulley v. City of Jacksonville

I concur fully in the main opinion. I write separately to address certain issues raised in the dissenting opinion and to note that I believe the current version of § 13A-11-52, Ala.Code 1975, is unconstitutional.

I

I agree with the main opinion’s conclusion that whether City of Jacksonville Ordinance No. 0-514-10 adequately adopts or incorporates § 13A-11-52, Ala.Code 1975, is a nonjurisdictional question. I cannot reconcile the dissenting opinion’s conclusion to the contrary with our case-law, particularly Ex parte Maxwell, 439 So.2d 715 (Ala.1983), and, most recently, Bailey v. City of…