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SIGLER v. CITY OF MOBILE

79-245.

387 So.2d 813 (1980)

Patrick M. SIGLER and Margaret H. Sigler v. CITY OF MOBILE, etc., et al.

Supreme Court of Alabama.

August 29, 1980.

Attorney(s) appearing for the Case

Jim H. Fernandez of McFadden, Riley & Parker, Mobile, for appellants.

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

Hardy B. Smith, Mobile, for intervenors Flora M. Gaillard and Mary A. Gaillard.

G. Sage Lyons and J. P. Courtney, III of Lyons, Pipes & Cook, Mobile, for intervenors Lee W. Roe, May Roe and Marylyn G. Chamberlain.

PER CURIAM.

The trial court denied the landowner's petition for writ of mandamus in which he asked the court to order the City Planning Commission to issue its approval of a small resubdivision as defined by the Commission's regulations. He then appealed. We reverse and remand.

The issue presented on this appeal is controlled by our holding in Smith v. City of Mobile, 374 So.2d 305 (1979). There, we held that the...

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