Supreme Court of Alabama
Redtop Market, Inc., and River Road Auto Repair, by and Through Its Owner, Rickey Bolton v. State of Alabama ex Rel…
December 30, 20102010 Ala. LEXIS 246
Summary
The Supreme Court of Alabama held that a circuit court lacks subject‑matter jurisdiction to issue an injunction that restrains the enforcement of criminal laws, even when the plaintiff argues the devices are lawful under a statutory definition. Accordingly, the Court vacated the trial court’s order, dismissed the action and the appeal. A specially concurring justice agreed with the result but expressed personal questions about the exception recognized in Tyson.