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CITY OF BIRMINGHAM v. TUTWILER DRUG CO., INC.

Nos. 82-1007, 82-1287.

475 So.2d 458 (1985)

CITY OF BIRMINGHAM, a municipal corporation v. TUTWILER DRUG COMPANY, INC., and Streetlife, Inc. CITY OF BIRMINGHAM, a municipal corporation v. TUTWILER DRUG COMPANY, INC., et al.

Supreme Court of Alabama.

Rehearing Denied August 23, 1985.

Attorney(s) appearing for the Case

Alton B. Parker, Jr. and J. Stuart Wallace, of Spain, Gillon, Riley, Tate & Etheredge, Birmingham, for appellant.

W. Eugene Rutledge and Kay S. Kelly of Rutledge, Fay and Kelly, Birmingham, for appellees.

FAULKNER, Justice.

Tutwiler Drug Company filed an action for a declaratory judgment against the City of Birmingham, its mayor, and its city council members to determine the validity of a resolution adopted by the Birmingham City Council for the redevelopment of Block 60 in downtown Birmingham. Tutwiler's complaint alleged that the City and its agents deprived it of rights and privileges secured by the Fourth, Fifth, and...

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