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SUTHER v. JEFFERSON COUNTY BD. OF HEALTH

82-901, 82-1044 and 82-1116.

456 So.2d 769 (1984)

Dargan G. SUTHER v. JEFFERSON COUNTY BOARD OF HEALTH, an Agency of the State of Alabama; and the City of Midfield, a municipal corp. JEFFERSON COUNTY BOARD OF HEALTH, an Agency of the State of Alabama; and the City of Midfield, a municipal corp. v. Dargan G. SUTHER. Ex parte Dargan G. SUTHER. In re JEFFERSON COUNTY BOARD OF HEALTH, an Agency of the State of Alabama; and the City of Midfield, a municipal corporation v. Dargan G. SUTHER.

Supreme Court of Alabama.

Rehearing Denied September 21, 1984.

Attorney(s) appearing for the Case

J. William Thomason, Bessemer, for appellant/cross-appellee and petitioner.

R.O. Hughes of Barber, Johnston & Hughes, Birmingham, for appellee/cross-appellant Jefferson County Board of Health.

Thomas R. Elliott, Jr. of London, Yancey, Clark & Allen, Birmingham, for appellee/cross-appellant City of Midfield.

Rehearing Denied in 82-1116 September 21, 1984.

PER CURIAM.

The Plaintiffs (the Jefferson County Board of Health and the City of Midfield) filed a complaint for injunction on May 10, 1979, against Dargan G. Suther. The allegations were that Suther was using his property in Midfield for the purpose of storing trash and garbage to the extent that a public health hazard was created in violation of certain ordinances and statutes. Additionally, Plaintiffs alleged...

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