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BUDGET INN OF DAPHNE, INC. v. CITY OF DAPHNE

1991251.

789 So.2d 154 (2000)

BUDGET INN OF DAPHNE, INC. v. CITY OF DAPHNE and The Planning Commission of the City of Daphne.

Supreme Court of Alabama.

December 15, 2000.

Attorney(s) appearing for the Case

David E. Hudgens of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, L.L.C., Mobile, for appellant.

Kevin F. Masterson and Nancy H. Lard of Janecky Newell, P.C., Mobile; and Jay M. Ross and Brandy M. Osborne of Ross & Jordan, Mobile, for appellees.

LYONS, Justice.

The plaintiff, Budget Inn of Daphne, Inc. ("Budget Inn"), appeals from a summary judgment entered for the defendants City of Daphne and the Planning Commission of the City of Daphne (collectively, "Daphne"). We reverse and remand.

I. Factual Background

This is a zoning case. Daphne adopted a "Land Use and Development Ordinance" in 1987. The following year, Daphne annexed the property on which Budget Inn operates a motel. The...

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