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STATE BD. OF HEALTH v. ATNIP DESIGN & SUPPLY CENTER, INC.

No. 79-162.

385 So.2d 1307 (1980)

The STATE BOARD OF HEALTH for the State of Alabama; Dr. Ira L. Myers, State Health Officer; Madison County Board of Health; Dr. Otis Gay, Madison County Health Officer v. ATNIP DESIGN AND SUPPLY CENTER, INC., a corp. and Jerry D. Atnip.

Supreme Court of Alabama.

July 11, 1980.

Attorney(s) appearing for the Case

John R. Wible, Asst. Atty. Gen., Montgomery, Robert Sellers Smith of Smith, Huckaby & Graves, Huntsville, for appellants.

L. Bruce Ables of Berry, Ables, Tatum, Little & Baxter, Huntsville, for appellees.

JONES, Justice.

This case comes before the Court as an appeal from a writ of mandamus issued in circuit court requiring certain septic tank permits to be issued to Plaintiffs-Appellees. We affirm.

Plaintiffs filed suit against the State Board of Health seeking a declaratory judgment, a writ of mandamus, and other equitable relief, alleging that the denial by the Board of Health of applications by Atnip for tank permits for certain lots in Atnip's subdivision...

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