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CITY OF HOOVER v. KANELLIS

2900056.

574 So.2d 850 (1990)

CITY OF HOOVER and Luke E. Atkinson v. Gus KANELLIS and Maria Kanellis.

Court of Civil Appeals of Alabama.

Rehearing Denied December 19, 1990.

Attorney(s) appearing for the Case

Jack H. Harrison, Hoover, for appellant City of Hoover.

Ann Z. Arnold of Vincent, Hasty & Arnold, Birmingham, for appellant Luke E. Atkinson.

K. Edward Sexton II and G. Daniel Evans, Birmingham, for appellees.

Roy W. Johnson, Birmingham, pro se amicus curiae.

RUSSELL, Judge.

Gus and Maria Kanellis (appellees) filed an action in the Circuit Court of Jefferson County pursuant to § 35-2-58, Ala.Code 1975. They sought an order compelling the City of Hoover (appellant) to consent to the vacation of a dedicated alley abutting property owned by the appellees.

Roy and Nancy Johnson also owned property abutting the alley. In May 1986, both the appellees and the Johnsons petitioned the City of Hoover to vacate the alley...

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