LEWIS v. CITY OF BIRMINGHAM

6 Div. 709.

154 So.2d 657 (1963)

Will LEWIS v. CITY OF BIRMINGHAM.

Supreme Court of Alabama.

Rehearing Denied June 27, 1963.


Attorney(s) appearing for the Case

Rogers, Howard, Redden & Mills, Birmingham, for appellant.

Shuford B. Smyer, W. Bruce White, A. Lamar Reid, Wm. M. Acker, Jr., Fred L. Smyer, Walter Fletcher, Frank M. James, Herbert J. Ward, Jas. M. Tingle, and Romaine Scott, Jr., Birmingham, amici curiae in behalf of appellant.

Earl McBee, Birmingham, for appellee.


PER CURIAM.

In this case a bill in equity was filed by Will Lewis against the City of Birmingham to enjoin the encroachment and trespassing upon property owned by him. The practical purpose of the bill is to enjoin the widening of pavement and installation of curb and gutter in Lomb Avenue or Lomb Boulevard, a street in the City of Birmingham. The complaint is that such improvements encroach upon Lots 6 and 7, Block 21, P. Rising's Survey of Compton. The alleged encroachments...

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