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CITY OF DOTHAN v. EIGHTY-FOUR WEST, INC.

2971278 and 2971336.

738 So.2d 903 (1999)

CITY OF DOTHAN v. EIGHTY-FOUR WEST, INC., and Quin E. Flowers, Jr. Spann Farm Partnership, Ltd. v. Eighty-Four West, Inc., and Quin E. Flowers, Jr.

Court of Civil Appeals of Alabama.

June 25, 1999.

Attorney(s) appearing for the Case

D. Taylor Flowers of Lewis, Brackin & Flowers, Dothan, for appellant Spann Farm Partnership, Ltd.

Jere C. Segrest, Kevin Walding, and Tina M. Stamps of Hardwick, Hause & Segrest, Dothan, for appellees.

BEATTY, Retired Justice.

The plaintiff City of Dothan and the defendant Spann Farm Partnership, Ltd., appeal from a summary judgment entered in favor of the defendants Eighty-Four West, Inc., and Quin E. Flowers, Jr., in a declaratory action to construe an easement. We reverse and remand. This cause is before this court pursuant to § 12-2-7, Ala.Code 1975.

The property involved in this appeal is located in the City of Dothan and consists of about 400...

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