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SMITH v. GILL

SC 763.

310 So.2d 214 (1975)

John SMITH et al. v. Nancy GILL et al.

Supreme Court of Alabama.

March 20, 1975.

Attorney(s) appearing for the Case

Smith, Huckaby & Graves, Huntsville, for appellants.

Philip A. Geddes, Huntsville, for appellees.

Robert L. Humphries and Frank P. Ralph, Asst. Attys. Gen., amicus curiae, for Alabama Mental Health Board.

MERRILL, Justice.

This appeal is from a decree in which the trial court ordered "that the Defendants cease and desist from the operation of a half way house for mental patients" at their residence in a residential community.

The halfway house, 3007 Hood Road, is owned by appellants, John and Irene Smith. Appellees, Harold and Nancy Gill, live in a single family dwelling on the adjoining lot east of the Smiths at 3005 Hood Road. Appellees, Howard and Mabel...

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