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TUTWILER DRUG CO., INC. v. CITY OF BIRMINGHAM

81-369.

418 So.2d 102 (1982)

TUTWILER DRUG COMPANY, INC., and Streetlife, Inc. v. The CITY OF BIRMINGHAM, Alabama, Mayor Richard Arrington, etc., and the Individual Members of the City Council, etc.

Supreme Court of Alabama.

August 6, 1982.

Attorney(s) appearing for the Case

W. Eugene Rutledge of Rutledge & Yearout, Birmingham, for appellant.

J. M. Breckenridge of Cabaniss, Johnston, Gardner, Dumas & O'Neal and Alton B. Parker, Jr. of Spain, Gillon, Riley, Tate & Etheredge, Birmingham, for appellees.

Drayton N. Hamilton, Montgomery, for amicus curiae Alabama League of Municipalities.

JONES, Justice.

The issue: whether absolute immunity is a viable defense on behalf of the Mayor and members of the City Council of the City of Birmingham, in their individual capacities, in a claim based on negligence and abuse of discretion in the exercise of their respective legislative functions. We hold that it is, and affirm.

In May of 1981, the City of Birmingham, through the city council, adopted a master plan for the redevelopment and renewal of

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