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ATTORNEY FEES - NO FEES AGAINST THE STATE - EX PARTE BENTLEY

Ex parte Bentley, [Ms. 1110321, Aug. 24, 2012] __ So. 3d __ (Ala. 2012). The plaintiff in this action had successfully obtained a declaration that ¤ 29-2-123, authorizing a joint legislative committee to award community-services grants, was unconstitutional. After that holding, the plaintiff sought attorney fees, and the trial court granted the request. The Supreme Court reversed, holding that ¤ 14 of the Constitution bars the awarding of attorney fees against the state, even in a declaratory-judgment action.

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