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GREENBRIAR, LTD. v. CITY OF ALABASTER

Nos. 88-7086, 88-7204.

881 F.2d 1570 (1989)

GREENBRIAR, LTD. and Mary Roensch, Plaintiffs-Appellees, Cross-Appellants, v. CITY OF ALABASTER, an Alabama municipal corp., Roger N. Wheeler, Marvin Neal Bailey, Wayne Lucas and Nina W. Kent, Defendants-Appellants, Cross-Appellees. GREENBRIAR, LTD. and Mary Roensch, Plaintiffs-Appellees, v. CITY OF ALABASTER, an Alabama municipal corp., Defendant-Appellant, Roger N. Wheeler, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

September 1, 1989.

Attorney(s) appearing for the Case

Parsons, Lee & Juliano, P.C., Robert E. Parsons, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Helen C. Foster, Birmingham, Ala., for defendants-appellants, cross-appellees.

Burr & Forman, F.A. Flowers, III, John F. De Buys, Jr., Mark McCarroll Lawson, Birmingham, Ala., for plaintiffs-appellees, cross-appellants.

Before FAY and ANDERSON, Circuit Judges, and HENDERSON, Senior Circuit Judge.

ANDERSON, Circuit Judge:

The city of Alabaster appeals from a judgment of the district court holding that its rejection of plaintiffs' request for the rezoning of certain property constituted a violation of substantive due process. The district court ordered that the property at issue be rezoned pursuant to plaintiffs' request and awarded $75,000 damages. We find that, as the decision of the City was a final one, this question is ripe for adjudication. Furthermore...

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