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CITY OF HUNTSVILLE v. BROWN

No. 2910143.

611 So.2d 372 (1992)

CITY OF HUNTSVILLE v. Rex B. BROWN.

Court of Civil Appeals of Alabama.

Rehearing Denied July 31, 1992.

Certiorari Denied December 18, 1992.

Attorney(s) appearing for the Case

Aubrey O. Lammons of Lammons and Bell, Huntsville, for appellant.

James T. Baxter III of Berry, Ables, Tatum, Little & Baxter, P.C., Huntsville, for appellee.

Alabama Supreme Court 1911790.

ROBERTSON, Presiding Judge.

The sole question before this court is whether a city or municipality has the right, pursuant to §§ 11-47-170 and 11-47-171, Code 1975, to exercise the power of eminent domain to condemn lands outside its corporate limits.

The City of Huntsville (City) designed a master street plan in order to meet the increasing transportation needs of its citizens. Part of this plan involved constructing...

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