HAMILTON v. CITY OF FAIRHOPE

2970785.

739 So.2d 30 (1998)

Edwina S. HAMILTON, individually, and as trustee of the Edwina S. Hamilton Inter Vivos Trust, and Harold E. Hamilton v. CITY OF FAIRHOPE, Alabama; Board of Adjustments and Appeals for the City of Fairhope, Alabama; Weezie Brabner; and Ernie Brabner.

Court of Civil Appeals of Alabama.

Rehearing Denied July 31, 1998.


Attorney(s) appearing for the Case

Jessica M. McDill of Chason & Chason, P.C., Bay Minette, for appellants.

Marion E. Wynne of Wilkins, Bankester, Biles & Wynne, P.A., Fairhope; and Caine O'Rear III and Jaime W. Betbeze of Hand Arendall, L.L.C., Mobile, for appellees City of Fairhope and Board of Adjustments and Appeals of the City of Fairhope.


WRIGHT, Retired Appellate Judge.

On October 26, 1996, the City of Fairhope issued a building permit to Weezie Brabner and Ernie Brabner, permitting them to alter and expand a building that does not conform to the requirements of the City's zoning ordinance. Edwina S. Hamilton, individually, and as trustee of the Edwina S. Hamilton Inter Vivos Trust, and Harold E. Hamilton, the adjoining property owners, appealed the issuance of the permit to the Board of Adjustments...

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