Supreme Court of Alabama
John M. Tyson, Jr. v. MacOn County Greyhound Park, Inc., D/B/A Victoryland.
February 4, 20102010 Ala. LEXIS 19
Summary
The Supreme Court of Alabama held that the Macon Circuit Court lacked subject‑matter jurisdiction to issue an injunction enjoining the enforcement of criminal gambling statutes, vacated the temporary restraining order, dismissed the action and the appeal, and reaffirmed the general rule that equity will not interfere with criminal prosecutions absent a void statute. The Court distinguished earlier cases involving municipal licensing and emphasized separation‑of‑powers constraints. A dissent and two concurrences were filed, arguing that the civil action was appropriate to preserve the status quo and that the jurisdictional rule should be applied more narrowly.