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GRAYSON v. CITY OF BIRMINGHAM

6 Div. 949.

173 So.2d 67 (1963)

Claude H. GRAYSON et al. v. CITY OF BIRMINGHAM.

Supreme Court of Alabama.

Rehearing Denied April 8, 1965.

Attorney(s) appearing for the Case

Cabaniss & Johnston, Lucien D. Gardner, Jr., and Robt. C. Hudson, Birmingham, for appellants.

J. M. Breckenridge, Birmingham, for appellee.

J. Thomas King and David D. Wininger, Birmingham, amici curiae.

PER CURIAM.

Appellants filed their petition in the Circuit Court of Jefferson County, in equity, for a declaratory decree in determination of their rights to use twenty lots of their planned subdivision for commercial purposes that are nonconforming to a zoning ordinance of the City of Birmingham. As an incident to the relief sought, they also prayed for "a mandatory and restraining injunction" against respondent, requiring it to show commercial zoning of such lots...

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