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LAWLESS v. SMITH

Civ. 5005.

481 So.2d 1144 (1985)

Gordon LAWLESS, Gerald Busby et al. v. T.W. SMITH and Smith Doughnuts, Inc. d/b/a Krispy Kreme Doughnuts.

Court of Civil Appeals of Alabama.

November 27, 1985.

Attorney(s) appearing for the Case

John A. Owens and Michael S. Burroughs of Phelps, Owens, Jenkins, Gibson & Fowler, Tuscaloosa, for appellants.

Gordon Rosen of Rosen, Harwood, Cook & Sledge, Tuscaloosa, for appellees.

HOLMES, Judge.

This is a zoning case.

The Board of Adjustment of the City of Tuscaloosa (Board) granted defendant Hamner a variance for the construction of a billboard on her property. Plaintiff, an adjacent landowner, appealed the Board's decision to the Circuit Court of Tuscaloosa County for a trial de novo, as provided by Ala.Code (1975), § 11-52-81.

After an ore tenus trial, the circuit court reversed the Board's action, finding...

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