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BIRMINGHAM PLANNING v. JOHNSON REALTY

2951033.

688 So.2d 871 (1997)

CITY OF BIRMINGHAM PLANNING COMMISSION v. JOHNSON REALTY COMPANY, INC.

Court of Civil Appeals of Alabama.

February 7, 1997.

Attorney(s) appearing for the Case

Demetrius C. Newton, City Atty., and Rowena Teague, Birmingham, for appellant.

Wesley C. Redmond of Berkowitz, Lefkovits, Isom & Kushner, Birmingham, for appellee.

L. CHARLES WRIGHT, Retired Appellate Judge.

On October 3, 1995, Johnson Realty Company petitioned the Jefferson County Circuit Court to issue a writ of mandamus, ordering the City of Birmingham Planning Commission (Planning Commission) to issue a certificate of approval of the 28-lot subdivision proposed by Johnson. Johnson sought the writ of mandamus after the Planning Commission adopted a resolution at its regular meeting...

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