FAULKNER, Justice.
This action, brought by taxpayers and resident citizens of the Town of Coosada, sought an injunction, or in the alternative, a writ of prohibition to prevent the Town from constructing a building on a certain 5 acres of land, and requested that the deed to the property be declared null and void. Jones argues that the Town's act of buying, owning and dedicating the property for use as a Community Center was invalid because there was no legal and valid ordinance or minutes authorizing the Town to purchase the land under T. 37, § 456, Code of Alabama, and ordinance No. 75-1, § 19 and § 21. The trial court granted the Town's motion for summary judgment. We reverse.
On September 9, 1975, the Town Council unanimously adopted Resolution 75-4 concerning participation in a Housing & Urban Development grant to secure a community facility. The resolution reads as follows:
"WHEREAS, the Town of Coosada, Alabama has expressed a desire to apply for Community Development Block Grant Funds, and
"WHEREAS, the Town has held public hearings and complied with other required application procedures for this program.
"NOW THEREFORE BE IT RESOLVED, that the Town Council hereby adopts the application as prepared by citizens, local officials and the regional planning commission as the official application for the first years activities, and
"BE IT FURTHER RESOLVED that the Mayor and Town Attorney are hereby authorized and directed to execute any and all documents required by this application and program or to provide any additional information which may be required.
"Approved and adopted this the 9th day of September, 1975.
"Oscar Tate, Mayor"
The minutes of the Town Council dated September 9, provide:
"Councilman Weekley read and introduced Resolution 75-4 concerning the participation of the Town of Coosada in the HUD grant program to secure a community facility and moved that it be adopted. A second was made by Councilman Thornton. On roll call the vote was as follows: Yea Councilmen Cheatham, Hall, Jackson, Thornton, and Weekley. Motion carried unanimously.
"Mayor Tate discussed the appraisals on property that is available for acquisition and invited comment and discussion by the councilmen. After considerable discussion Councilman Jackson moved that the mayor proceed with the signing of the necessary papers for the filing of an application for the grant. It was seconded by Councilman Hall. On roll call the vote was as follows: Yeas Councilmen Cheatham, Hall, Jackson, and Thornton, and Mayor Tate. Nay None. Abstentions Councilman Weekley. Motion carried by a majority vote."
On June 9, 1976, the Town Council purchased 5 acres of land from C. P. Storrs and wife Katherine D. Storrs. Consideration in the deed is shown to be $100, and other valuable consideration.
On July 27, the following Resolution 76-22 concerning the purchase of the land was adopted by a majority of the Council:
"WHEREAS, the Town of Coosada, Alabama, purchased certain real estate from C. P. Storrs and wife, Katherine D. Storrs, for development of a community center, and
"WHEREAS, said purchase was made in accordance with a Resolution previously
unanimously adopted by the Council on September 9, 1975, and
"WHEREAS, the proposed purchase of the Storrs property was discussed in one or more meetings of the Council prior to the consummation of said purchase, And,
"WHEREAS, certain persons are purported to question the validity of said purchase, and it is the desire of the Council to ratify and approve said purchase in order to remove all doubts concerning the same.
"NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Coosada, Alabama, does hereby ratify and approve the purchase of the hereinafter described real estate which is situated in Elmore County, Alabama, from C. P. Storrs and wife, Katherine D. Storrs, as evidenced by warranty deed dated June 9, 1976, and recorded in the Office of the Judge of Probate of Elmore County, Alabama, on Deed Card 8296."
On December 20, Jones filed suit, and on February 8, 1977, the Town Council adopted Resolution 77-45, to ratify and approve the purchase of the property.
Resolution 77-45 reads:
"TOWN OF COOSADA
"STATE OF ALABAMA
"RESOLUTION 77-45
"WHEREAS, on September 9, 1975, the Town Council of the Town of Coosada unanimously adopted that certain resolution which is attached hereto as Exhibit A and made a part hereof, and
"WHEREAS, under the authority granted by said resolution attached hereto as Exhibit A the Honorable Oscar Tate, Mayor of the Town of Coosada, entered into negotiations with C. P. Storrs for the purchase of a suitable site for the development of a community center, and
"WHEREAS, said negotiations culminated in the acquisition by the Town of Coosada of certain real property as shown by deed recorded in the Office of the Judge of Probate of Elmore County, Alabama, on Deed Card 8296, a copy of which is attached hereto as Exhibit B and made a part hereof, and
"WHEREAS, on July 27, 1976, the Town Council of the Town of Coosada adopted that certain resolution which is attached hereto as Exhibit C and made a part hereof, and
"WHEREAS, there is presently pending in the Circuit Court of Elmore County, Alabama, in Civil Action No. 8314 a certain law suit seeking to enjoin the construction of a community center on the real property previously described herein, and
"WHEREAS, the Town Council of the Town of Coosada is of the opinion that all acts heretofore accomplished in connection with the acquisition and use of said real property have been performed in accordance with law and under proper legislative...
