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ALLEN v. AXFORD

6 Div. 516.

231 So.2d 122 (1969)

Wilbur ALLEN and City of Birmingham, a Municipal Corporation, et al. v. George D. AXFORD et al.

Supreme Court of Alabama.

Rehearing Denied January 22, 1970.

Attorney(s) appearing for the Case

Wingo, Bibb, Foster & Conwell and Edwin A. Strickland, Birmingham, for Wilbur Allen.

William A. Thompson, Birmingham, for City of Birmingham.

Barber & Johnston, Birmingham, for Union Oil Co. of California (Pure Oil Division).

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

HARWOOD, Justice.

In the proceedings below the complainants, appellees here, filed a bill in equity seeking a declaratory judgment as to the validity of an ordinance passed by the council of the City of Birmingham. The effect of the ordinance in question, No. 398-G, was to amend the zoning ordinance of the City of Birmingham so as to change the classification of two lots from Class R-6 (residential) to Class B-2 (business).

The lots in question are contiguous...

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