From Casetext: Smarter Legal Research

Carson v. Hornsby

Supreme Court of Alabama
Jul 24, 1981
402 So. 2d 931 (Ala. 1981)

Opinion

80-392.

July 24, 1981.

Appeal from the Circuit Court, Macon County, Howard F. Bryan, J.

Robert M. Alton, Jr. and W. Stephen Graves, Montgomery, for appellant.

Tyrone C. Means of Gray, Seay Langford, Montgomery, for appellees.


Finding that the referendum authorized by Act No. 80-50, 1980, Regular Session of the Alabama State Legislature, does not fall within the purview of the notice requirements of Code 1975, § 17-7-5 (governing general elections) or § 17-18-1 et seq., (governing special elections); and further finding that § 26, the only notice provision in Act 80-50, was fully complied with, we hold that the referendum held in Macon County on April 8, 1980, authorized by Act No. 80-50, is not subject to contest for failure to comply with the statutory publication of notice requirements prescribed for general and special elections.

AFFIRMED.

MADDOX, JONES, SHORES, EMBRY and BEATTY, JJ., concur.


Summaries of

Carson v. Hornsby

Supreme Court of Alabama
Jul 24, 1981
402 So. 2d 931 (Ala. 1981)
Case details for

Carson v. Hornsby

Case Details

Full title:Harold CARSON v. Preston HORNSBY, etc., et al

Court:Supreme Court of Alabama

Date published: Jul 24, 1981

Citations

402 So. 2d 931 (Ala. 1981)