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MAUMENEE v. FAIRHOPE BD. OF ADJ. & APP.

Civ. 7211.

567 So.2d 1351 (1989)

A.E. MAUMENEE, et al. v. FAIRHOPE BOARD OF ADJUSTMENT AND APPEALS and The City of Fairhope.

Court of Civil Appeals of Alabama.

As Corrected on Denial of Rehearing November 8, 1989.

Attorney(s) appearing for the Case

W. Kenneth Gibson, Fairhope, for appellants.

Marion E. Wynne of Wilkins, Bankester, Biles and Wynne, Fairhope, for appellees.

L. CHARLES WRIGHT, Retired Appellate Judge.

The City of Fairhope's Board of Adjustment and Appeals granted a special exception to a landowner. Surrounding landowners filed an appeal in the circuit court for trial de novo. The circuit court granted the board's motion for summary judgment and this appeal followed.

The property at issue was owned by Bessie Wahl, but Wahl received an offer to purchase the property from the First Baptist Church of Fairhope, contingent...

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