MARSHALL COUNTY CITIZENS v. City of Guntersville

This appeal arises from a summary judgment entered by the trial court in an action challenging the validity of a local ordinance annexing certain property into the corporate limits of the City of Guntersville, Alabama.

Marshall County Concerned Citizens and a number of its members in their individual capacities sued Guntersville and McPherson Oil Company, Inc., alleging that the city had abused its discretion in enacting an ordinance annexing into the city limits of Guntersville property owned by McPherson, upon which McPherson operated a convenience store.1 The plaintiffs maintained in the…