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WENDY'S INTERN., INC. v. CITY OF BIRMINGHAM

No. 88-7384.

868 F.2d 433 (1989)

WENDY'S INTERNATIONAL, INC., an Ohio corporation, Plaintiff, Jesse T. Todd, in his capacity as Trustee of the Minnie T. Todd Trust, Jesse T. Todd Share Account dated March 1, 1957, et al., Plaintiffs-Intervenors-Appellants, v. The CITY OF BIRMINGHAM, a municipal corporation, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 24, 1989.

Attorney(s) appearing for the Case

Leitman, Siegal, Payne & Campbell, Eddie Leitman, Andrew P. Campbell, and S. Lynne Stephens, and Corretti & Newsom, Douglas Corretti, and Mary Douglas Hawkins, Birmingham, Ala., for plaintiffs-intervenors-appellants.

Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, P.C., C. Lee Reeves, and Spain, Gillon, Tate, Grooms & Blan, Alton B. Parker, Jr., and James A. Kee, Jr., Birmingham, Ala., for defendants-appellees.

Before FAY and ANDERSON, Circuit Judges, and HENDERSON, Senior Circuit Judge.

PER CURIAM:

In 1981 the City Council of the city of Birmingham, Alabama, approved a "Master Plan" which called for the redevelopment of the city's downtown area.1 At that time, the City Council found that the existence and spread of "blighting" factors throughout downtown Birmingham was affecting the health, safety, morals and welfare of the citizens of the city. Since then, the City Council has amended the Master Plan, periodically approving...

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