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CITY OF RAINBOW CITY v. SOUTH HAWK, INC.

79-595, 79-596.

394 So.2d 10 (1981)

CITY OF RAINBOW CITY, a Municipal Corporation v. SOUTH HAWK, INC., a corporation, et al. Ralph SLATE, Jr., et al. v. SOUTH HAWK, INC., a corporation, et al.

Supreme Court of Alabama.

February 6, 1981.

Attorney(s) appearing for the Case

James F. Hinton, Gadsden, for appellant City of Rainbow City.

William D. Hudson of Wilson & Hudson, Gadsden, for appellants Ralph Slate, Jr., et al.

Roger C. Suttle of Inzer, Suttle, Swann & Stivender, Gadsden, for appellees.

FAULKNER, Justice.

These are appeals from a summary judgment in the Circuit Court of Etowah County for defendant, South Hawk, Inc. We affirm.

These cases arise out of a controversy over a zoning ordinance as applied to a small triangular strip of land situated between Rainbow Drive (U.S. 411) and Lumbley Road in Rainbow City. The property is zoned R-1 Residential, and is less than the minimum residential lot size. South Hawk, Inc., the owner of the property...

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