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HILL AIR OF GADSDEN, INC. v. CITY OF GADSDEN

83-1095.

467 So.2d 230 (1985)

HILL AIR OF GADSDEN, INC. v. The CITY OF GADSDEN, a municipal corporation.

Supreme Court of Alabama.

March 8, 1985.

Attorney(s) appearing for the Case

Rowan S. Bone and Edward Cunningham, Gadsden, for appellant.

Edward S. Allen and M. Stanford Blanton of Balch, Bingham, Baker, Ward, Smith, Bowman & Thaggard, Birmingham, and Roger Kirby, Gadsden, for appellee.

BEATTY, Justice.

Appeal by defendant, Hill Air of Gadsden, Inc. (Hill), from summary judgment in favor of plaintiff, City of Gadsden (Gadsden), in the latter's unlawful detainer action. We reverse and remand.

The action was an outgrowth of a written lease agreement between the parties under which Hill agreed to operate a "fixed base operator facility" on property located at Gadsden's municipal airport. Paragraph 23(d) of the lease provides:

"(d) Flight...

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