AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. R.App. P.

(concurring specially).

I concur to affirm, but would point out that I did not vote in Ex parte Sierra Club, 674 So.2d 54 (Ala. 1995), a case cited by the trial judge, and I do not necessarily agree with the holding of that case that “a declaratory judgment action is not convertible to a quo warranto action.” 674 So.2d at 58. The provisions of Rule 1, Ala. R. Civ. P., it appears to me, do not major in style but in substance.