Dillard, et al v. Chilton Co. Comm., et al

Filing 238

JUDGMENT it is the Order, Judgment, and Decree of the court as follows: 1) granting 232 MOTION to Dismiss This Action filed by Chilton County Commission; 2) It is declared a) that 11-3-1(c) and 11-80-12 of the 1975 Ala. Code now provide stat e-law authority, enforceable under 5 of the Voting Rights Act, 42 U.S.C. 1973c, for the number of seats and method of electing Chilton Co. Commissioners required by the 1988 Consent Decree; and thus, b) that the dismissal of this action will leave th e seven-number, cumulative-voting scheme for the Chilton Co. Commission in place; 3) The injunction contained in the consent decree approved on 6/23/09 (doc. nos. 46 and 47 , is dissolved and the judgment is vacated; 4) This lawsuit is dismissed i n its entirety on the condition that 11-3-1 (c) and 11-80-12 of the 1975 Ala. Code now provide state-law authority for the election system prescribed by the 1988 consent decree; The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP.. Signed by Honorable Myron H. Thompson on 3/23/09. (Attachments: # 1 appeals checklist)(vma, )

IN THE DISTRICT COURT FOR THE UNITED STATES OF THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JOHN DILLARD, et al.,

) ) Plaintiffs, ) ) ROBERT R. BINION and ) JOHN WRIGHT, ) ) Plaintiffs-Intervenors, ) ) v. ) ) CHILTON COUNTY COMMISSION, ) et al., ) ) Defendants. ) JUDGMENT

CIVIL ACTION NO. 2:87cv1179-MHT (WO)

In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant Chilton County Commission's motion to dismiss (doc. no. 232) is granted. (2) It is DECLARED (a) that §§ 11-3-1(c) and 11-80-12 of the 1975 Ala. Code now provide state-law authority, enforceable under § 5 of the Voting Rights Act, 42 U.S.C.

§ 1973c, for the number of seats and method of electing Chilton County Commissioners required by the 1988 Consent Decree; and, thus, (b) that the dismissal of this action will leave the seven-member, cumulative-voting scheme for the Chilton County Commission in place. (3) The injunction contained in the consent decree approved on June 23, 1988 (doc. nos. 46 and 47), is dissolved and the judgment is vacated. (4) This lawsuit is dismissed in its entirety on the condition that §§ 11-3-1(c) and 11-80-12 of the 1975 Ala. Code now provide state-law authority for the election system prescribed by the 1988 consent decree. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 23rd day of March, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE