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CHESTNUT HILLS CIVIC ASS'N v. DOBBINS

77-240.

361 So.2d 1043 (1978)

CHESTNUT HILLS CIVIC ASSOCIATION, INC. v. W. O. DOBBINS and City of Birmingham, a Municipal Corp.

Supreme Court of Alabama.

August 25, 1978.

Attorney(s) appearing for the Case

C. Michael Quinn and Robert L. Wiggins, Jr., Birmingham, for appellant.

Kenneth D. Wallis, Vestavia Hills, for appellee, W. O. Dobbins, III, Charles H. Wyatt, Jr., Birmingham, for appellee, City of Birmingham.

MADDOX, Justice.

This was an action to determine the validity of a municipal building permit which authorized the construction of an apartment complex on one lot and the construction of a parking lot on an adjacent lot, on which there existed a restrictive covenant.

The defendant property owner and the City of Birmingham each filed an answer in which each claimed, res judicata, collateral estoppel and laches.

The trial court, after hearing arguments...

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