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TURNER v. HOEHN

85-264.

494 So.2d 28 (1986)

James P. TURNER, Kenneth M. Carnathan, and James L. Livingston v. Margaret Rose HOEHN, et al.

Supreme Court of Alabama.

July 18, 1986.

Attorney(s) appearing for the Case

Jesse P. Evans III of Corretti & Newsom, Birmingham, for appellants.

Edward L. Ramsey, Samuel Fisher, Asst. City Atty., Birmingham, for appellee City of Birmingham.

SHORES, Justice.

James P. Turner and the other plaintiffs appeal from a summary judgment entered against them in an action to vacate a public alley. We affirm.

The plaintiffs filed this action under Code 1975, § 35-2-58, to vacate a 25-foot public alley. In accordance with the statute, they named as defendants the owners of property abutting the alley, various mortgagees holding mortgages on the abutting properties...

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