The Water Works and Sewer Board of the City of Prichard v. the Board of Water and Sewer Commissioners of the City Of…

Summary

The court reversed the summary judgment that upheld and implemented the proposed constitutional amendment transferring the Prichard water and sewer systems to Mobile. It held that because the amendment affected only one county, the legislature was required to use the county-specific amendment procedure, including submission to the Local Constitutional Amendment Commission, and its failure to do so rendered the amendment invalid despite voter approval. Justice Shaw, concurring specially, agreed that the county-specific procedure controlled because there was no dispute that the amendment affected only one county.