Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

Ex Parte WEST POINT PEPPERELL, Jim Walter Resources, Inc., and U.S. Pipe Foundry Co. (Re WEST POINT PEPPERELL, a Corp.; Jim Walter Resources, Inc., a Corp.; and U.S. Pipe Foundry Co., a Corp. v. ALABAMA DEPARTMENT OF INDUSTRIAL RELATIONS).

Prior Report: Ala.Civ.App., 495 So.2d 678

STEAGALL, Justice.

The writ of certiorari is denied; however, in denying the writ, we point out that we do not agree with the following statement made by the Court of Civil Appeals:

"The dispositive issue raised on appeal concerns the authority of the Department to retroactively increase employer-taxpayer's tax rate for the first quarter of 1983, absent clear authority for such change in the title or body of the act."

(Emphasis added.)

This Court has stated in Brown v. National Motor Fleets, 276 Ala. 493, 164 So.2d 489 (1963), and in Gayle v. Edwards, 261 Ala. 84, 72 So.2d 848 (1954), that even though retroactivity is clearly stated in the body of the act, the retroactive feature is unconstitutional and void if it is not clearly expressed in the title. Therefore, the particular phrase should read "absent clear authority for such change in the title and body of the act."

WRIT DENIED.

TORBERT, C.J., and JONES, SHORES and ADAMS, JJ., concur.

Use AI to get other relevant cases.

Comments

EX PARTE WEST POINT PEPPERELL
(Aug 22, 1986)