RIVERBEND PARTNERSHIP v. CITY OF MOBILE

82-1137.

457 So.2d 371 (1984)

RIVERBEND PARTNERSHIP v. CITY OF MOBILE, a Body Corporate and Politic; The Board of Adjustment of the City of Mobile; and the Planning Commission of the City of Mobile.

Supreme Court of Alabama.

September 28, 1984.


Attorney(s) appearing for the Case

William M. Lyon, Jr. of McFadden, Riley & Parker, Mobile, for appellant.

William R. Lauten, Mobile, for appellee.


ADAMS, Justice.

Riverbend Partnership appeals from the final determination in a declaratory judgment action in which Riverbend sought to have a City of Mobile zoning ordinance declared invalid because it conflicted with the State statute authorizing zoning boards of adjustment. The Circuit Court of Mobile County held that the Mobile ordinance was constitutional and not in derogation of the State statute. We disagree and reverse.

The case arose from these facts...

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