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FUGAZZOTO v. BROOKWOOD ONE

SC 1223.

325 So.2d 161 (1976)

Pauline FUGAZZOTO et al. v. BROOKWOOD ONE, a limited partnership, etc., et al.

Supreme Court of Alabama.

January 9, 1976.

Attorney(s) appearing for the Case

John Martin Galese, Birmingham, for appellants.

Sirote, Permutt, Friend & Friedman, Birmingham, for appellees, Brookwood One and Brookwood Two.

Irvine C. Porter, Birmingham, for appellee, the City of Homewood, Ala.

Cabaniss, Johnston, Gardner, Dumas & O'Neal and J. M. Breckenridge, Birmingham, for appellee, City of Mountain Brook, Ala.

JONES, Justice.

This is an appeal from a decree of dismissal entered against Pauline Fugazzoto and others who sought injunctive relief against Brookwood One and Two (Developers) and declaratory relief against the developers and the cities of Homewood and Mountain Brook. We affirm as to the dismissal of the claim for injunctive relief and reverse and render a judgment as to the dismissal of the claim for declaratory relief.

We first address the dismissal of...

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