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EX PARTE CITY OF FAIRHOPE & BD. OF ADJUSTMENTS

1971984.

739 So.2d 35 (1999)

Ex parte CITY OF FAIRHOPE AND BOARD OF ADJUSTMENTS AND APPEALS OF THE CITY OF FAIRHOPE. (In re 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.

Supreme Court of Alabama.

May 7, 1999.

Attorney(s) appearing for the Case

Caine O'Rear III and Jaime W. Betbeze of Hand Arendall, L.L.C., Mobile; and Marion E. Wynne, Jr., of Wilkins, Bankester, Biles & Wynne, P.A., Fairhope, for petitioners.

Allan R. Chason and Jessica M. McDill of Chason & Chason, P.C., Bay Minette, for respondents.

PER CURIAM.

This case concerns the application of a zoning ordinance in the City of Fairhope. The dispute is over whether the addition of a second story to a nonconforming building violates the ordinance. This Court granted the City's petition for certiorari review to consider whether the trial court had jurisdiction to hear the case and, if so, whether the Court of Civil Appeals erred in reversing the judgment of the trial

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