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CARTER v. CITY OF HALEYVILLE

1931626.

669 So.2d 812 (1995)

Fray CARTER, Jr. v. CITY OF HALEYVILLE, et al.

Supreme Court of Alabama.

Rehearing Denied October 27, 1995.

Attorney(s) appearing for the Case

Gene Church, Haleyville, for Fray Carter, Jr.

Andrew P. Campbell and Charles M. Elmer of Leitman, Siegal, Payne & Campbell, P.C., Birmingham, for Peerless Landfill Co., Inc.

Samuel L. Masdon of Masdon & Eason, Haleyville, for the City of Haleyville.

SHORES, Justice.

The plaintiff, Fray Carter, Jr., a resident of Winston County, appeals from an order of the Winston County Circuit Court dissolving a preliminary injunction that had restrained the City of Haleyville from conveying or leasing the city landfill.

Background

From 1981 to October 1993, the City of Haleyville operated a landfill, located on 99 acres, for which the Alabama Department of Environmental Management ("ADEM") had issued...

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