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PRESLEY v. ETOWAH COUNTY COMM'N

No. 90-711.

502 U.S. 491 (1992)

112 S.Ct. 820

117 L.Ed.2d 51

PRESLEY v. ETOWAH COUNTY COMMISSION et al. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA

Supreme Court of United States.

Decided January 27, 1992.

Attorney(s) appearing for the Case

Edward Still argued the cause for appellants in both cases. With him on the briefs were Pamela Karlan, Lani Guinier, James U. Blacksher, and John C. Falkenberry.

Robert A. Long, Jr., argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Assistant Attorney General Dunne, Deputy Solicitor General Roberts, Deputy Assistant Attorney General Clegg, and David K. Flynn.

Paul M. Smith argued the cause for appellees in both cases. With him on the brief for appellee Etowah County Commission were George Howell (Jack) Floyd and Mary Ann Ross Stackhouse. James W. Webb and Kendrick E. Webb filed a brief for appellee Russell County Commission.†

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Souter, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which White and Blackmun, JJ., joined, p. 510.

Justice Kennedy, delivered the opinion of the Court.

In various Alabama counties voters elect members of county commissions whose principal function is to supervise and control the maintenance, repair, and construction of the county roads. See Ala. Code §§ 11-3-1, 11-3-10 (1975). The consolidated appeals now before us concern certain changes in the decision-making authority of the elected members on two different...

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