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LOWER COMMERCE INS., INC. v. HALLIDAY

AV93000288.

636 So.2d 430 (1994)

LOWER COMMERCE INSURANCE, INC., and Bolling P. Starke and State Department of Conservation and Natural Resources v. Mary Ann HALLIDAY.

Court of Civil Appeals of Alabama.

On Application for Rehearing March 18, 1994.

Attorney(s) appearing for the Case

Marion A. Quina, Jr. and William E. Shreve, Jr. of Lyons, Pipes & Cook, P.C., Mobile, for appellants Lower Commerce Ins., Inc. and Bolling P. Starke.

William A. Gunter, Deputy Atty. Gen., for appellant State Dept. of Conservation and Natural Resources ex rel. James H. Evans, Atty. Gen.

Norborne C. Stone, Jr. of Stone, Granade, Crosby & Blackburn, P.C., Bay Minette, for appellee Mary Ann Halliday.

RICHARD L. HOLMES, Retired Appellate Judge.

This is a public nuisance case.

Mary Ann Halliday filed a complaint against Lower Commerce Insurance, Inc., and Bolling P. Starke (hereinafter collectively referred to as Starke). The complaint sought to enjoin the construction of a pier and boathouse by Starke in Palmetto Creek, a navigable body of water located in Baldwin County, Alabama. The complaint alleged that the pier and boathouse would be a public nuisance...

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