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JEFFERSON COUNTY v. JOHNSON

SC 1206.

333 So.2d 143 (1976)

JEFFERSON COUNTY, Alabama, et al. v. James T. JOHNSON, Jr. and Betty B. Johnson.

Supreme Court of Alabama.

May 21, 1976.

Attorney(s) appearing for the Case

Edwin A. Strickland, Birmingham, for appellants.

James M. Tingle, Birmingham, for appellees.

Robert R. Reid, Jr., Birmingham, for amicus curiae, friends of Jemison Park.

HEFLIN, Chief Justice.

This suit was begun in the equity division of Jefferson County Circuit Court as a declaratory judgment action which also sought affirmative relief in the form of an order to compel the Jefferson County Engineer to issue a building permit to plaintiffs. The complaint and proof at trial showed that plaintiffs James and Betty Johnson owned two lots in Shades Creek Parkway Estates, a subdivision in Jefferson County; that they had previously built...

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