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JEFFERSON CTY. COM'N v. ECO PRESERV. SERV., L.L.C.

1990736.

788 So.2d 121 (2000)

JEFFERSON COUNTY COMMISSION v. ECO PRESERVATION SERVICES, L.L.C., and Knobloch, Inc.

Supreme Court of Alabama.

Opinion Denying Rehearing December 15, 2000.

Attorney(s) appearing for the Case

Edwin A. Strickland, county atty.; and Charles S. Wagner, asst. county atty., Birmingham, for appellant.

Albert L. Jordan and Michael L. Jackson of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham; and Billy R. Weathington, Jr., of Weathington & Associates, Leeds, for appellees.

Stephen D. Christie of Porterfield, Harper & Mills, P.A., Birmingham, for amicus curiae Petro Stopping Centers, L.P., in support of the appellees.

James W. Webb, Kendrick E. Webb, and Bart Harmon of Webb & Eley, P.C., Montgomery, for amicus curiae Association of County Comm'ns of Alabama, in support of application for rehearing.

MADDOX, Justice.

The primary issue presented in this case is whether the Jefferson County Commission acted arbitrarily and capriciously in denying ECO Preservation Services, L.L.C. ("ECO"), and Knobloch, Inc., a crossing permit for construction of a sewer line under a public roadway. The trial court determined that the Commission did act arbitrarily and capriciously and entered a partial summary judgment for ECO and Knobloch. Based on the record before us, we conclude...

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