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CITY OF ORANGE BEACH v. BENJAMIN

1001599.

821 So.2d 193 (2001)

CITY OF ORANGE BEACH v. William BENJAMIN and Margaret Benjamin.

Supreme Court of Alabama.

November 9, 2001.

Attorney(s) appearing for the Case

L.P. Sutley of Murchison & Sutley, Foley, for appellant.

Lloyd E. Taylor of Taylor & Taylor, L.L.C., Foley, for appellees.

LYONS, Justice.

The City of Orange Beach filed a complaint for a judgment declaring riparian rights and for a permanent injunction preventing William Benjamin and Margaret Benjamin from using or maintaining a pier they had constructed on Terry Cove, a body of water. Terry Cove lies across a dedicated street from the Benjamins' land, which is located in Orange Beach. After a bench trial, the trial court entered a judgment for the Benjamins. Orange Beach appealed; we...

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