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A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY ATTORNEY TO SUBMIT AMICUS BRIEF IN PENDING LITIGATION ON BEHALF OF THE CITY OF FOLEY
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WHEREAS, the City of Foley (“City”) has an interest in certain matters currently the subject of
pending litigation in the Circuit Court of Montgomery County, Alabama, styled CITY OF
TUSCALOOSA, a municipal corporation; SCHOOL DISTRICT OF THE CITY OF
TUSCALOOSA, aka Tuscaloosa City Schools, and CITY OF MOUNTAIN BROOK, a municipal
corporation v. VERNON BARNETT, in his official capacity as Commissioner of the Alabama
Department of Revenue, Case No. 03-CV-2025-901301 (“Litigation”); and
WHEREAS, the City Council finds that the issues presented in the Litigation may directly affect
the legal rights, interests, operations, or obligations of the City and its residents; and
WHEREAS, the City Council desires to protect the City’s legal and governmental interests by
participating in the Litigation by submitting an Amicus brief in support of the position and
arguments of the Plaintiffs; and
WHEREAS, participation in the Litigation requires authorization by the governing body of the
City of Foley.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FOLEY, ALABAMA, AS FOLLOWS:
1. Authorization to Submit Amicus Brief.
The Mayor of the City of Foley and the City Attorney are hereby authorized and directed
to take all necessary actions to submit an Amicus Brief in the above-referenced Litigation
on behalf of the City of Foley in support of the positions of the Plaintiffs, including the
filing of any pleadings, motions, or related documents.
2. Representation and Legal Actions.
The City Attorney is authorized to file such motions, pleadings and briefs on behalf of the
City in the Litigation or, if necessary, to engage outside counsel with appropriate
expertise, subject to applicable procurement or approval requirements.
3. Further Actions.
The Mayor, City Attorney, and any retained counsel are authorized to take such further
actions as may be reasonably necessary to protect the City’s legal interests in the
Litigation.
4. Effective Date.
This Resolution shall take effect immediately upon its adoption.
ADOPTED AND APPROVED this 17th day of November, 2025.