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Notice: This opinion is subject to formal revision before publication in the advance
sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334)
229-0649), of any typographical or other errors, in order that corrections may be made
before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2008-2009

1080006

Governor Bob Riley et al.
v.
Robert T. Hughes and David Marzette
Appeal from Montgomery Circuit Court
(CV-08-950)

LYONS, Justice.

Governor Bob Riley and four trustees appointed by
Governor Riley to the Board of Trustees of Alabama A&M
University--David Slyman, Jr., Leroy C. Richie, Edward E. May,
and Rev. Clyde C. McNeil (hereinafter referred to collectively

as "the appointees")--appeal from a judgment entered against
them in an action filed by Robert T. Hughes and David Marzette
(hereinafter referred to collectively as "the taxpayers").
Governor Riley and the appointees argue that the taxpayers do
not have standing to maintain the action and that, therefore,
the trial court lacked subject-matter jurisdiction. Because
we also conclude, but on a different basis from Governor Riley
and the appointees, that the trial court did not have subject

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