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BEACHCROFT PROPERTIES v. CITY OF ALABASTER

1031267.

901 So.2d 703 (2004)

BEACHCROFT PROPERTIES, LLP, and Sherman Holland, Jr. v. CITY OF ALABASTER, a municipal corporation; BW & MMC, LLC; and Joseph E. McKay.

Supreme Court of Alabama.

November 19, 2004.

Attorney(s) appearing for the Case

David B. Anderson and Donna McGee Glover of Walston, Wells, Anderson & Bains, LLP, Birmingham; and Corretti, Newsom & Hawkins, Birmingham, listed as "of counsel," for appellants.

Steven F. Casey and J. Vaughan Branch of Balch & Bingham, LLP, Birmingham, for appellees BW & MMC, LLC, and Joseph E. McCay.

WOODALL, Justice.

Beachcroft Properties, LLP, and Sherman Holland, Jr., appeal from a summary judgment in favor of the City of Alabaster ("the City"), BW & MMC, LLC ("BW"), and Joseph E. McKay, in an action filed by Beachcroft and Holland seeking access to a sanitary sewer system. We affirm in part, reverse in part, and remand.

The operative facts are undisputed. This dispute involves two contiguous, platted subdivisions in the City, namely, (1) Lake Forest...

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