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EX PARTE CITY OF HUNTSVILLE

1950938.

684 So.2d 123 (1996)

Ex parte CITY OF HUNTSVILLE. (Re CITY OF HUNTSVILLE v. BENCHWARMER FOOD & SPIRITS, INC., and Board of Zoning Adjustment of the City of Huntsville; and CITY OF HUNTSVILLE v. Frederick W. DIRRIGLE, Jr., d/b/a The Turning Point Cafe & Spirits, Inc., and Board of Zoning Adjustment of the City of Huntsville).

Supreme Court of Alabama.

September 6, 1996.

Attorney(s) appearing for the Case

K. Claudia Anderson and Mary Ena J. Heath, Asst. City Attys., for Petitioner.

George M. Beason, Jr. and Elizabeth A. Beason of Martinson & Beason, P.C., Huntsville, for Respondent Board of Zoning Adjustment of City of Huntsville.

Harvey B. Morris and Maureen K. Cooper of Morris, Cloud & Conchin, P.C., Huntsville, for Respondent Benchwarmer Food & Spirits, Inc.

J. Kenneth Smith, League Counsel, Montgomery, for Amicus Curiae Alabama League of Municipalities, in support of the City of Huntsville.

SHORES, Justice.

This Court granted the petition of the City of Huntsville ("the City") for certiorari review of two cases, decided by the Court of Civil Appeals, to consider only the issue of whether under § 11-52-81, Ala.Code 1975, a municipality has standing as a "party aggrieved" to challenge decisions by the Board of Zoning Adjustment. In those two cases the City's Board of Zoning Adjustment ("Board") had granted variances from the City's zoning ordinance...

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