CALHOUN v. MAYO

87-1349.

553 So.2d 51 (1989)

Terry John CALHOUN, et al. v. Gary E. MAYO and Linda Kay Mayo.

Supreme Court of Alabama.

Rehearing Denied November 3, 1989.


Attorney(s) appearing for the Case

James E. Turnbach, Gadsden, for appellant.

J.A. Hornsby, Gadsden, for appellees.


KENNEDY, Justice.

The City Council of Rainbow City, Alabama ("the Council"), appeals an order of the circuit court directing the issuance of a writ of mandamus requiring the Council to vote on the appellees' petition to rezone 40 acres of land from a residential (R-1) classification to an agricultural (AG) classification. We reverse and remand.

In 1981, Rainbow City annexed 40 acres of land. The 40 acres was automatically zoned R-1, because the zoning ordinance...

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