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AMERICAN PETROLEUM EQUIP. AND CONSTRUCTION, INC. v. FANCHER

1951603, 1951648 and 1951650.

708 So.2d 129 (1997)

AMERICAN PETROLEUM EQUIPMENT AND CONSTRUCTION, INC., et al. v. Della K. FANCHER, et al. Della K. FANCHER, et al. v. AMERICAN PETROLEUM EQUIPMENT AND CONSTRUCTION, INC., et al. CITY OF BIRMINGHAM v. Della K. FANCHER, et al.

Supreme Court of Alabama.

Rehearing Denied December 19, 1997.

Attorney(s) appearing for the Case

Demetrius C. Newton, Rowena Teague, and Michael M. Fliegel, city attys. office, Birmingham; and John D. Clements, F. A. Flowers III, and Mark M. Lawson of Burr & Forman, for the City of Birmingham and American Petroleum Equipment and Construction, Inc.

Michael C. Quillen, Frank C. Galloway, Jr., and Helen C. Foster of Walston, Stabler, Wells, Anderson & Bains, Birmingham, for Della K. Fancher, et al.

PER CURIAM.

These three appeals arise from a zoning case concerning a 4½acre tract of land located in Birmingham on U.S. Highway 280, a quarter mile north of the U.S. 280/I-459 interchange. The tract was rezoned by the Birmingham City Council to allow development of a hotel and service station. The trial court held the rezoning to be arbitrary and capricious, and therefore null and void. We reverse and remand.

On January 17, 1995, the Birmingham City...

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