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2020 Op. Ala. Att'y Gen. 1 (2019-2020)

handle is hein.sag/sagal0326 and id is 1 raw text is: 








STEVEN T. MARSHALL
  ATTORNEY GENERAL


                   ,          2020-001
               r O P-
         STATE OF ALABAMA
OFFICE OF THE ATTORNEY   GENERAL
                                                501 WASHINGTON AVENUE
                                                   P.O. BOX 300152
                                               MONTGOMERY AL 36130-0152
                                                   (334) 242-7300
                                                 WWW.AGO.ALA AAGOV


                           October 16, 2019




Honorable Mike  Bowling
St. Clair County Probate Judge
Post Office Box 220
Ashville, Alabama  35953


Probate Judges
Districts - Fees


-  Elections -  Fire
- St. Clair County


                                   Absent    the   passage   of   new
                                   legislation, the Davis   Lake  Fire
                                   District (District) is not authorized
                                   to call for an election on a fee for
                                   the withdrawal of a property owner
                                   from the District.

Dear Judge Bowling:

      This opinion of the Attorney General is issued in response to your
request.


                  QUESTION

      May  the Davis Lake Fire District call for a
vote and thereafter implement a withdrawal  fee
of five times the service charge and fees for the
applicable  property  as  determined   by   the
immediately  preceding  year  or, alternatively,
must such a change require a legislative revision
to Act 2017-265?

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