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VESTAVIA HILLS BD. OF EDUC. v. UTZ

87-85, 87-86.

530 So.2d 1378 (1988)

VESTAVIA HILLS BOARD OF EDUCATION v. Gary UTZ, et al. Gary UTZ, et al. v. CITY OF VESTAVIA HILLS and Vestavia Hills Board of Education

Supreme Court of Alabama.

Rehearing Denied August 26, 1988.

Attorney(s) appearing for the Case

W. Lewis Garrison, Jr., of Corley, Moncus, Bynum & De Buys, Birmingham, for appellants/cross-appellees.

Jesse P. Evans III, Douglas Corretti, and Mary Douglas Hawkins of Corretti & Newsom, Birmingham, for appellees/cross-appellants.

SHORES, Justice.

These are appeals from a final judgment of the trial court holding invalid a deed executed by the Mayor of Vestavia Hills ("the City") to the Vestavia Hills Board of Education ("the Board"). The plaintiffs live adjacent to a 13-acre tract of undeveloped property in Vestavia Hills. Their complaint contained five separate counts, and also included a prayer for relief that requested generally that the deed from the City to the Board, dated February 17...

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