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REL:12/04/2009

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, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



REL:12/04/2009

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



REL:12/04/2009

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



REL:12/04/2009

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



REL:12/04/2009

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



REL:12/04/2009

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



REL:12/04/2009

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



REL:12/04/2009

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



REL:12/04/2009

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



REL:12/04/2009

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



REL:12/04/2009

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



REL:12/04/2009

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



REL:12/04/2009

Southern Reporter
Southern Reporter.

SUPREME COURT OF ALABAMA

OCTOBER TERM, 2009-2010

1071464

Ollie Underwood et al.

v.
Alabama State Board of Education et al.
Appeal from Montgomery Circuit Court (CV-07-811)
SHAW, Justice.1
The plaintiffs below, Ollie Underwood, Peggy Mobley, and Gayle Gear, appeal from a judgment in favor of the defendants below, the Alabama State Board of Education ("the Board");
1This case was originally assigned to another Justice on this Court. It was reassigned to Justice Shaw.



1071464
Governor Bob Riley, in his official capacity as president and member of the Board; and Randy McKinney, Betty Peters, Stephanie W. Bell, Ethel H. Hall, Ella Bell, David F. Byers, Jr., Sandra Ray, and Mary Jane Caylor, in their official capacities as members of the Board, based on allegations that the notice the defendants posted before a May 10, 2007, meeting of the Board violated Alabama's Open Meetings Act.2 We hold that the issue presented by this appeal has become moot, and we dismiss the appeal.3
Facts and Procedural History

2Specifically, the plaintiffs allege that the notice violated

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