BLOUNT RECYCLING, LLC v. CITY OF CULLMAN

1021683 and 1021766.

884 So.2d 850 (2003)

BLOUNT RECYCLING, LLC, et al. v. CITY OF CULLMAN. Blount Recycling, LLC, et al. v. Cullman County Commission.

Supreme Court of Alabama.

December 30, 2003.


Attorney(s) appearing for the Case

Richard E. Smith, Greer B. Mallette, Deborah Alley Smith, and Jessica K. Stetler of Christian & Small, LLP, Birmingham, for appellant.

Roy W. Williams, Jr., of Jackson & Williams, Cullman, for appellee City of Cullman.

Dan J. Willingham and Matthew K. Carter of Fuller & Willingham, Cullman, for appellee Cullman County Commission.


STUART, Justice.

Blount Recycling, LLC, appeals from the issuance of preliminary injunctions by the Cullman Circuit Court prohibiting Blount Recycling from picking up and hauling waste within the geographical limits of the City of Cullman and Cullman County. We dissolve the preliminary injunctions and remand.

Facts

The City of Cullman ("City") and the Cullman County Commission ("Commission") established the Cullman County Solid Waste Authority...

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