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Construction of Art. IV, § 94.01, Ala. Const. 1901 (Off. Recomp.)/§ 35-4-410, Ala. Code 1975, Regarding City's Development of Recreational Property for Retail Use

Kennamer v. City of Guntersville, [Ms. 1180939, May 29, 2020] ___ So. 3d ___ (Ala. 2020). The Court (Mendheim, J.; Parker, C.J., and Bolin, Shaw, Wise, Sellers, Stewart, and Mitchell, JJ., concur; Bryan, J., concurs in the result) affirms the dismissal of a complaint seeking a declaratory judgment, a preliminary injunction and a permanent injunction against the City of Guntersville and its elected representatives regarding the City’s intention to develop property for retail purposes. Reviewing the history of development of county and municipal industrial development boards, the Court concludes that § 94.01 is to be construed to permit retail development despite any conflicting language in § 35-4-410 as earlier construed in McDonald’s Corp. v. DeVenney, 415 So. 2d 1075 (Ala. 1982) and Brown v. Longiotti, 420 So. 2d 71 (Ala. 1982). “When the Constitution and a statute are in conflict, the Constitution controls.” Ms. *38, quoting Parker v. Amerson, 519 So. 2d 442, 446 (Ala. 1987). Accordingly, the Marshall Circuit Court did not err in dismissing plaintiff’s complaint.

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