POLLARD v. UNUS PROPERTIES, LLC

1030926 and 1031030.

902 So.2d 18 (2004)

Dr. Andrew E. POLLARD et al. v. UNUS PROPERTIES, LLC. City of Birmingham v. Unus Properties, LLC.

Supreme Court of Alabama.

Rehearing Applications Denied December 10, 2004.


Attorney(s) appearing for the Case

Floyd D. Gaines and Andrew P. Walsh of Gaines, LLC, Birmingham, for appellants Dr. Andrew Emil Pollard, Margaret Cameron Gaede, Joseph Preston, and Andrea L. Preston.

Tamara Harris Johnson, city atty., and Rowena Teague, for appellant City of Birmingham.

Frank M. Bainbridge and James W. Davis of Bainbridge, Mims, Rogers & Smith, LLP, Birmingham, for appellee.

Heather H. Crumpton, Birmingham, for amicus curiae Highland Park Neighborhood Association, in support of the appellants.

J. Kenneth Smith, chief counsel, Montgomery, for amicus curiae Alabama League of Municipalities, in support of the appellant City of Birmingham.


STUART, Justice.

In case no. 1031030, the City of Birmingham appeals from a judgment entered in favor of Unus Properties, LLC. In that action, the trial court entered a judgment reversing the denial by the Birmingham City Council of Unus's petition to rezone certain property and ordering that the property be rezoned from "R-3" (single-family residential) to "Q-O & I" (qualified office and institution). In case no. 1030926...

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