City of Mobile v. Weinacker

I concur in the affirmance of the trial court's judgment holding a portion of the city's sign ordinance unconstitutional. However, I question whether the issue of standing must be raised before the trial court. I note that the Court of Criminal Appeals has indeed held that the issue of standing must be raised before the trial court or else is waived on appeal,see Cook v. State, 574 So.2d 905, 908 (Ala.Crim.App. 1990), and I agree that the application of that principle, if it is correct, bars the City's argument in this case. However, if, as has often been stated, an appellate court "will not…