OVERTON v. SCOTT CO., INC.

SC 2791.

356 So.2d 134 (1978)

E. C. OVERTON et al. v. The SCOTT COMPANY, INC., et al.

Supreme Court of Alabama.

Rehearing Denied March 31, 1978.


Attorney(s) appearing for the Case

Watts E. Davis, James G. Adams, III, Charles H. Wyatt, Jr., Birmingham, for appellants.

William M. Acker, Jr., Birmingham, for appellee, The Scott Company, Inc.


FAULKNER, Justice.

This is an appeal from a summary judgment holding that § 48-50 of the General City Code of Birmingham is invalid. We affirm.

Scott is the owner of all lands abutting a public alley located within the city limits of Birmingham. This alley was created by the recording of a map dedicating it to public use. On September 17, 1976, Scott filed an application with the City Engineer to vacate the...

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