On Application for Rehearing
STUART, Justice.
The opinion of August 18, 2006, is withdrawn and the following is substituted therefor.
On April 23, 2003, the City of Homewood filed in the Probate Court of Jefferson County an application for an order of condemnation. The application was to condemn certain property, formally described as Lot 1 of University Park West, owned by Samford University. At the same time, Homewood filed a notice of lis...
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