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ELMORE COUNTY COM'N v. SMITH

1981750 and 1981935.

786 So.2d 449 (2000)

ELMORE COUNTY COMMISSION and Elmore County v. Ray SMITH et al. Richard Payson et al. v. Ray Smith et al.

Supreme Court of Alabama.

Rehearing Applications Overruled November 22, 2000.

Attorney(s) appearing for the Case

Craig S. Dillard of Webb & Eley, P.C., Montgomery, for appellants Elmore County Commission and Elmore County. Rehearing brief filed by James W. Webb, Craig S. Dillard, and Sheri J. Lowder of Webb & Eley, P.C., Montgomery.

J. Robert Faulk of McDowell, Faulk & McDowell, L.L.C., Prattville, for appellant Richard Payson et al.

Jacqueline E. Austin and Paul Christian Sasser, Jr., Wetumpka, for appellees.

Mary E. Pons, Montgomery, for amicus curiae Association of County Commissions of Alabama.

On Applications For Rehearing

HOOPER, Chief Justice.

The opinion of March 24, 2000, is withdrawn and the following is substituted therefor.

These appeals involve a question regarding the procedure to be used when abutting landowners seek to vacate a public road. Richard Payson and other owners of land abutting Payson Road sought to close a portion of that road. Payson Road has been used as a public...

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