Supreme Court of Alabama.https://leagle.com/images/logo.png
January 18, 2002.
January 18, 2002.
Attorney(s) appearing for the Case
J. Wilson Mitchell of Yates, Mitchell, Bernauer & Winborn, Florence, for appellant.
J.A. Keller, Florence; and Preston S. Trousdale, Jr., of Jones & Trousdale, Florence, for appellee.
James C. Pennington of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Birmingham; C. Glenn Powell, Tuscaloosa, for The University of Alabama; Lee F. Armstrong, Auburn, for Auburn University; Randall M. Woodrow of Doster & Woodrow, Anniston, for Jacksonville State University; and Jean Walker Tucker, Mobile, for University of South Alabama, for amici curiae The University of Alabama, Auburn University, Jacksonville State University, University of South Alabama, and Troy State University, in support of the application for rehearing.
Edward S. Allen and James A. Bradford of Balch & Bingham, L.L.P., Birmingham, for amicus curiae Alabama Power Company, in support of the application for rehearing.
Jim R. Ippolito, Jr., chief counsel, and R. Mitchell Alton III, asst. counsel, Alabama Department of Transportation, for amicus curiae Alabama Department of Transportation, in support of the application for rehearing.
Supreme Court of Alabama.
On Application for Rehearing.
HOUSTON, Justice.
The opinion of July 13, 2001, is withdrawn and the following is substituted therefor.
Donald Willis owns a house in Florence. Across the street from it is a parking lot, owned by the University of North Alabama ("UNA") and used by its students. When Willis learned that UNA planned to construct a multi-level parking deck on the parking lot, he listed the house for sale with a real-estate agent...
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