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LYNNWOOD PROPERTY OWNERS v. LANDS DESCRIBED

SC 2502.

359 So.2d 357 (1978)

LYNNWOOD PROPERTY OWNERS ASSOCIATION, a non-profit corporation, et al. v. LANDS DESCRIBED IN COMPLAINT, Dr. Joe B. Ray, Lambert C. Mims, etc., et al.

Supreme Court of Alabama.

May 26, 1978.

Attorney(s) appearing for the Case

Fred W. Killion, Jr. and Stephen J. Flynn, Mobile, for appellants.

Robert L. Byrd, Jr., of Cunningham, Bounds, Byrd, Yance & Crowder, Mobile, Ray G. Riley, Jr. of McFadden, Riley & Parker, Mobile, for appellee, Dr. Joe B. Ray.

William H. Brigham, Mobile, for appellees, Lambert C. Mims, Gary A. Greenough, Robert B. Doyle, Jr., and The City of Mobile.

JONES, Justice.

This appeal arises from a declaratory judgment holding that certain property in the City of Mobile was properly rezoned from residential to business use. We reverse and remand.

On January 27, 1975, Dr. Joe B. Ray, Appellee, filed an application with the Zoning Administrator of the Mobile Inspection Services Department to rezone certain land from R-1 (Single Family Residence) to B-1 (Buffer Business District) so that he could open medical offices...

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