GREENBRIAR VILLAGE, L.L.C. v. MOUNTAIN BROOK, CITY

No. 02-14294.

345 F.3d 1258 (2003)

GREENBRIAR VILLAGE, L.L.C., Plaintiff-Appellee-Cross-Appellant, v. MOUNTAIN BROOK, CITY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 18, 2003.


Attorney(s) appearing for the Case

Joshua H. Threadcraft, William Anthony Davis, III, John P. Scott, Jr., Starnes & Atchison, LLP, Birmingham, AL, for Mountain Brook, City.

Patricia Carlton Wallwork, John F. DeBuys, Jr., Birmingham, AL, for Greenbriar Village, L.L.C.

Before BIRCH and HULL, Circuit Judges, and EDENFIELD, District Judge.


PER CURIAM:

In this case, a municipality issued a land disturbance permit for a residentially-zoned piece of property. The work to be accomplished under the permit was for the admitted purpose of developing the property commercially, that is, for a purpose inconsistent with the property's zoning status at that time, and the permit did not contain an explicit expiration date. After years of litigation over the proper scope of the disturbance activity, and, correlatively...

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