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BEACHCROFT PROPERTIES v. CITY OF ALABASTER

1041359.

949 So.2d 899 (2006)

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

Supreme Court of Alabama.

July 21, 2006.

Attorney(s) appearing for the Case

David B. Anderson and Deanna L. Weidner of Waller, Lansden, Dortch & Davis, LLP, Birmingham, for appellants.

J. Frank Head and William R. Justice of Wallace, Ellis, Fowler & Head, Columbiana, for City of Alabaster.

Steven F. Casey and M. Todd Lowther of Balch & Bingham, LLP, Birmingham, for BW & MMC, LLC.

WOODALL, Justice.

Beachcroft Properties, LLP, and Sherman Holland, Jr. (hereinafter referred to collectively as "Beachcroft"), appeal from a summary judgment for BW & MMC, LLC ("BW"), and the City of Alabaster ("the City") in an action filed by Beachcroft seeking access to a sanitary sewer system. We reverse and remand with directions.

This is the second time this dispute has come before us. The underlying facts are fully set forth in Beachcroft Properties...

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