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CITY OF MOBILE v. CUNNINGHAM

1 Div. 8.

243 So.2d 723 (1971)

The CITY OF MOBILE, a Municipal Corporation, et al. v. Robert T. CUNNINGHAM and D. Richard Bounds.

Court of Civil Appeals of Alabama.

February 3, 1971.

Attorney(s) appearing for the Case

William H. Brigham, Mobile, for City of Mobile and Board of Adjustment; Benjamin H. Kilborn, Mobile, for intervening property owners.

Cunningham, Bounds & Byrd, Mobile, for appellees.

BRADLEY, Judge.

The appellees filed an application with the Board of Adjustment of the City of Mobile for a use variance to permit them to erect an office building on two lots previously zoned for residential purposes.

This application was denied, as had been two previous applications for such a variance. The first application was made March 21, 1966, and was denied by the Board. Said decision was appealed to the Circuit Court where a jury upheld the Board...

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