KIZER v. FINCH

1940607.

672 So.2d 511 (1995)

Clara S. KIZER v. Laura FINCH, et al.

Supreme Court of Alabama.

December 15, 1995.


Attorney(s) appearing for the Case

Marco A. Gonzalez of Kizer, Bennitt & Gonzalez, Birmingham, for Appellant.

Frank C. Ellis, Jr. and J. Frank Head of Wallace, Ellis, Fowler & Head, Columbiana, for City of Helena.

Jesse P. Evans III of Najjar Denaburg, P.C., Birmingham, for Laura Finch, Brian Wiggonton, Susan Wiggonton and Valerie Vining.


RICHARD L. JONES, Retired Justice.

Does occupancy by a subdivision lot owner of an unimproved but publicly dedicated strip of property, lying between the front line of the lot and the street curb, vest in the lot owner a property right superior to the right of the public to use the right-of-way, as contemplated by the public dedication? Under the facts of this case, we answer the question in the negative; thus, the summary judgment in favor of the lot owners is reversed...

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