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HENLEY v. HERRING

No. 85-7148.

779 F.2d 1553 (1986)

John C. HENLEY, III, an individual and T. Lawrence Johnson, an individual, Plaintiffs-Appellees, v. David HERRING, Jeff Germany, Dr. John Katapodis, Nina Miglionico, Bill R. Meyers, Russell Yarbrough, William A. Bell, and Eddie Blankenship, individually and in their official capacities as members of the Birmingham, Alabama City Council; the City of Birmingham, Alabama a municipality; Sam Earle G. Hobbs, Aaron M. Aronov, T. Massey Bedsole, Winton M. Blount, Frank M. Bromberg, Jr., O.H. Delchamps, Jr., Garry Neil Drummond, Sandral Hullett, William Henry Mitchell, John T. Oliver, Jr., Thomas E. Rast, Yetta G. Samford, Jr., Martha H. Simms, Cleophus Thomas, Jr., and Ernest G. Williams, individually and in their official capacities as members of the Board of Trustees of the University of Alabama, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 14, 1986.

Attorney(s) appearing for the Case

L.H. Warren, City Atty., Birmingham, Ala., for Herring, et al.

Ina B. Leonard, Robert H. Woodrow, Birmingham, Ala., for Hobbs et al.

Andrew P. Campbell, Birmingham, Ala., for Henley & Johnson.

Before GODBOLD, Chief Judge, JOHNSON, Circuit Judge and TUTTLE, Senior Circuit Judge.

GODBOLD, Chief Judge:

This case concerns the effort of a state university, as an abutting landowner, to vacate and close a city public street and include the vacated area in its campus, without resorting to condemnation procedures. The district court enjoined the effort, and we affirm.

Suit was brought under 42 U.S.C. § 1983 for a temporary and permanent injunction against the University of Alabama at Birmingham ("UAB") and the City of Birmingham. UAB...

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