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GOBER v. STUBBS

1951374.

682 So.2d 430 (1996)

Henry Wade GOBER v. Jimmy STUBBS, Judge of Probate of Elmore County, Alabama.

Supreme Court of Alabama.

September 13, 1996.

Attorney(s) appearing for the Case

Douglas Corretti and Charles Cleveland of Corretti, Newsom, Cleveland, Hawkins & Cleveland, Birmingham, for Appellant.

John E. Enslen of Enslen, Johnston & Pinkston, L.L.C., Wetumpka, for Appellee.

G. William Noble, Gardendale, for Amici Curiae Cities of Montgomery, Prattville, Millbrook and Wetumpka, Town of Coosada and Montgomery County, in support of Appellee.

HOUSTON, Justice.

Henry Wade Gober, pursuant to Ala.Code 1975, § 12-22-6, appeals from the order of the Circuit Court of Elmore County denying his petition for the writ of mandamus. In his petition for the writ of mandamus, Gober requested that the circuit court order the Elmore County probate judge to set aside his order granting Elmore County's application to condemn a portion of Gober's property; he based his petition on the grounds that the proposed condemnation...

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