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STATE v. HOWINGTON

1000610 to 1000612.

859 So.2d 1093 (2002)

STATE of Alabama v. Sara H. HOWINGTON et al. State of Alabama v. James E. Hart III et al. State of Alabama v. Jimmie L. Bush et al.

Supreme Court of Alabama.

Opinion Overruling Rehearing Applications April 11, 2003.

Attorney(s) appearing for the Case

Warren C. Herlong, Jr., of Helmsing, Leach, Herlong, Newman & Rouse, P.C., Mobile; and Joseph D. Steadman of Sims, Graddick & Dodson, P.C., Mobile, for appellant.

Edward T. Hines of Thompson, Garrett & Hines, L.L.P., Brewton, for appellee.

JOHNSTONE, Justice.

AFFIRMED. NO OPINION.

See Rule 53(a)(1), (a)(2)(E), and (a)(2)(F), Ala. R.App. P.

MOORE, C.J., and SEE, LYONS, BROWN, WOODALL, and STUART, JJ., concur.

HOUSTON and HARWOOD, JJ., dissent.

HOUSTON, Justice (dissenting).

Our review of the trial court's summary judgment is de novo.

I doubt if any Alabama judge or Justice has had his or her property acquired by eminent domain as often as I have...

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