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WHITE'S EXCAVATION v. BD. OF ZONING ADJ.

AV93000216.

636 So.2d 422 (1994)

WHITE'S EXCAVATION AND CONSTRUCTION COMPANY, INC. v. BOARD OF ZONING ADJUSTMENTS OF the CITY OF DAPHNE, ALABAMA.

Court of Civil Appeals of Alabama.

Rehearing Denied February 18, 1994.

Attorney(s) appearing for the Case

Gary L. Armstrong of Armstrong, Vaughn, Stein & Scroggins, Daphne, for appellant.

M. Kathryn Knight of Miller, Hamilton, Snider & Odom, Mobile, for appellee.

RICHARD L. HOLMES, Retired Appellate Judge.

This is an appeal from a motion for summary judgment granted in favor of the City of Daphne (City) and the Board of Zoning Adjustments of the City (Board).

White's Excavation and Construction Company, Inc. (White), was doing business of a commercial nature in an area of the City which was zoned residential. White used these lots for storage, parking, and some maintenance of heavy equipment. It also operated its office...

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