O'RORKE v. CITY OF HOMEWOOD

6 Div. 553.

237 So.2d 487 (1970)

Charles O'RORKE et al. v. CITY OF HOMEWOOD, Alabama, etc., et al.

Supreme Court of Alabama.

July 2, 1970.


Attorney(s) appearing for the Case

Jenkins, Cole, Callaway & Vance, Birmingham, for appellants.

Irvine C. Porter, Birmingham, for appellee on brief.

Sadler, Sadler, Sullivan & Sharp, Birmingham, for Eugene Wylie Corp.


MERRILL, Justice.

The question presented here concerns the legality of the exchange of a 7.63 acre parcel of real estate owned by the City of Homewood for a privately owned 15-acre parcel of real estate.

Ordinance No. 949 of the City of Homewood was adopted on May 22, 1967, as a means of effectuating the exchange. In effect, the ordinance stated that:

(1) The City had acquired approximately 15 acres from three grantors, with two deeds being executed...

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