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SMITH v. CITY OF MOBILE

77-779.

374 So.2d 305 (1979)

Arthur SMITH, III v. CITY OF MOBILE, a Municipal Corp. et al.

Supreme Court of Alabama.

August 31, 1979.

Attorney(s) appearing for the Case

J. H. Fernandez of McFadden, Riley & Parker, Mobile, for appellant.

William R. Lauten, Mobile, for City of Mobile and Mobile City Planning Commission.

John N. Leach, Jr., Mobile, for appellee-intervenor, Ruby D. Twitty.

SHORES, Justice.

This case involves the proposed resubdivision of a lot located in the old Springhill area of Mobile. The lot is owned by Mrs. Tula Fearn; suit was brought by her son-in-law, Arthur Smith, III, who is purchaser of the lot under contract. Mr. Smith proposes to divide the property into three irregular shaped lots on which townhouses would be built. The dimensions of the lots would exceed the minimum area requirements set out in the Planning Commission...

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