Legislative Appropriation to Charitable Institution


Clay County Commission v. Clay County Animal Shelter, Inc., [Ms. 1170795, Apr. 5, 2019] __ So. 3d __ (Ala. 2019). The Court reverses the Clay Circuit Court’s judgment dismissing the Clay County Commission’s action against the Clay County Animal Shelter, Inc. challenging appropriations to the shelter pursuant to a 2017 legislative act.

After first rejecting the animal shelter’s contention that the passage of a subsequent act mooted and rendered non-justiciable any controversy concerning the validity of the 2017 act, in question, the Court held that the 2017 act violated § 73 of the Alabama Constitution requiring that any appropriation to a charitable or educational institution not under the control of the state be made only “by a vote of two-thirds of all the members elected to each house.” Ms. *4, quoting Article IV, § 73, Ala. Const. 1901. The Court concluded that “legislative appropriations must comply with the requirements of the Alabama Constitution, including § 73....” Ms. *38.

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