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PAYNE v. CITY OF ATHENS, ALA.

2910587.

607 So.2d 292 (1992)

Gerald PAYNE v. CITY OF ATHENS, ALABAMA, et al.

Court of Civil Appeals of Alabama.

September 11, 1992.

Attorney(s) appearing for the Case

Donald R. Harris, Jr., Birmingham, for appellant.

George W. Royer, Jr. of Sirote & Permutt, P.C., Huntsville, for appellees.

L. CHARLES WRIGHT, Retired Appellate Judge.

In May 1989 Gerald Payne filed an action in the Circuit Court of Limestone County against the City of Athens and the Athens Planning Commission. The complaint stemmed from the Planning Commission's refusal to approve a subdivision plat with a cul-de-sac on certain property owned by Payne.

In March 1991 the City and the Planning Commission filed a motion for summary judgment. On December 6, 1991 the trial court granted...

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