No. 89-7421.

896 F.2d 1347 (1990)

Joseph WHEELER, Clarice Wheeler, Cliff Development Corporation, Plaintiffs-Appellants, S & S Builders, etc., Plaintiff, v. CITY OF PLEASANT GROVE, a municipal corporation, Defendant-Appellee, Bobby Patrick, etc., et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

As Amended April 16, 1990.

Attorney(s) appearing for the Case

Donald H. Brockway, Jr., Corretti & Newsom, Birmingham, Ala., for plaintiffs-appellants.

Jon Terry, Bains & Terry, Bessemer, Ala., for defendant-appellee.

Before FAY and COX, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


This appeal comes as a sequel to what we had hoped was a concluded trilogy of opinions instructing the district court on how to handle this case on remand. Over eleven years ago, the City of Pleasant Grove (City) withdrew a permit it had granted appellants a month earlier to build an apartment complex because of public outcry against the development. Shortly thereafter, the City passed Ordinance No. 216 forbidding the construction of new apartments. Appellants...

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