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HORGAN v. DAUPHIN ISLAND WATER, ETC.

80-734.

409 So.2d 1359 (1982)

Hunter H. HORGAN, Jr. v. DAUPHIN ISLAND WATER AND SEWER AUTHORITY, et al.

Supreme Court of Alabama.

February 19, 1982.

Attorney(s) appearing for the Case

M. A. Marsal and Ian F. Gaston, Mobile, for appellant.

Maury Friedlander of Marr & Friedlander, Mobile, and Fournier J. Gale, III, and James L. Goyer, III, of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellees.

JONES, Justice.

Appellant Hunter H. Horgan, Jr., a resident property owner of Dauphin Island, initiated the instant litigation seeking declaratory and injunctive relief against the Dauphin Island Water and Sewer Authority, Inc.1 The Authority, organized pursuant to Code 1975, § 11-88-1, et seq., thereafter filed an answer and counterclaim, seeking: 1) certification of the pending litigation as

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