Warren Butler and Ben Presley obtained complete summary judgment in a lawsuit filed against an Alabama municipality by a plaintiff seeking a refund of allegedly overpaid business license fees. As grounds for its requested refund, the plaintiff argued that the city’s business license fee ordinance was unconstitutional under the Import-Export Clause of the United States Constitution. The city argued, and the court found, that the city’s business license fee ordinance was not unconstitutional under the modern Import-Export Clause test as set forth by the United States Supreme Court in Michelin Tire Corp. v. Wages, 423 U.S. 276 (1976).
Butler and Presley Secure Complete Dismissal in Favor of an Alabama Municipality in a Tax Refund Action
May 5, 2017