PHILLIPS v. CITY OF HOMEWOOD

6 Div. 127.

50 So.2d 267 (1951)

PHILLIPS et al. v. CITY OF HOMEWOOD.

Supreme Court of Alabama.

Rehearing Denied February 15, 1951.


Attorney(s) appearing for the Case

Morel Montgomery, of Birmingham, for appellants.

Irvine C. Porter, of Birmingham, for appellee.


FOSTER, Justice.

This is an appeal from an order of a judge denying a petition for a temporary injunction heard on notice. Section 1057, Title 7, Code.

The injunction sought is to prevent the enforcement against complainants of a city zoning ordinance. The original ordinance was No. 260. In residential districts, section 21.4 of the ordinance permitted the use of property for public or private schools. While in that...

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