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CITY OF TRUSSVILLE v. SIMMONS

2941174.

675 So.2d 474 (1996)

CITY OF TRUSSVILLE, Alabama, and Board of Zoning Adjustment of the City of Trussville, Alabama v. Horace SIMMONS.

Court of Civil Appeals of Alabama.

February 9, 1996.

Attorney(s) appearing for the Case

Carl Johnson of Bishop, Colvin, Johnson & Kent, Birmingham, for Appellants.

Douglas Corretti and Donna Shirley of Corretti & Newsom, Birmingham, for Appellee.

RICHARD L. HOLMES, Retired Appellate Judge.

This is a zoning case.

Our review of the record reveals the following pertinent facts: Horace Simmons owns two adjacent businesses, Velma's Place and Kwik Oil Change, within the city limits of Trussville, Alabama. This property is located at the intersection of Mary Taylor Road and Highway 11 and is assigned a commercial zoning classification.

In April 1987 Simmons executed a contract with Patrick Media Group...

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