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FLORENCE v. WILLIAMS

81-790.

439 So.2d 83 (1983)

O.H. FLORENCE as Judge of Probate of Jefferson County, Alabama v. C. Molton WILLIAMS and Elizabeth Linn Williams Wheelock.

Supreme Court of Alabama.

September 30, 1983.

Attorney(s) appearing for the Case

Charles Cleveland of Gordon, Silberman, Loeb, Cleveland & Gordon, Birmingham, for appellant.

Gerald D. Colvin, Jr. of Bishop, Colvin & Johnson, Birmingham, for appellees.

ALMON, Justice.

This appeal is from a judgment of the circuit court which issued a writ of mandamus directed to the probate judge ordering him to vacate an order granting the City of Birmingham's application for condemnation of certain lands for the construction of an off-street parking facility.

This condemnation proceeding involves two complicated sets of transactions between the City of Birmingham and private developers.

On June 28, 1979, the City...

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