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GULF BEACH HOTEL v. STATE EX REL. WHETSTONE

1041643 and 1050044.

935 So.2d 1177 (2006)

GULF BEACH HOTEL, INC., d/b/a Perdido Beach Resort v. STATE of Alabama ex rel. John David WHETSTONE etc. Ex parte Gulf Beach Hotel, Inc., d/b/a Perdido Beach Resort. (In re State of Alabama ex rel. John David Whetstone, District Attorney, on behalf of the citizens and taxpayers of the State of Alabama v. Gulf Beach Park Authority, Inc., et al.).

Supreme Court of Alabama.

January 27, 2006.

Attorney(s) appearing for the Case

William J. Baxley of Baxley, Dillard, Dauphin, McKnight & Barclift, Birmingham; Julian B. Brackin, Jr., of Brackin, McGriff & Johnson, P.C., Foley; and Fred K. Granade of Stone, Granade & Crosby, P.C., Bay Minette, for appellant/petitioner Gulf Beach Hotel, Inc., d/b/a Perdido Beach Resort.

John David Whetstone, district atty., Bay Minette, for appellee/respondent the State of Alabama.

Allan R. Chason of Chason & Chason, P.C., Bay Minette; and William A. Gunter and Otis J. Goodwyn, Jr., Alabama Department of Conservation and Natural Resources for appellees/respondents Gulf State Park Authority, Inc., Barnett Lawley, and Alabama Department of Conservation and Natural Resources.

Kirkland E. Reid of Miller, Hamilton, Snider & Odom, LLC, Mobile; James L. North of North & Associates, Birmingham; and Taylor D. Wilkins, Jr., of Wilkins, Bankester, Biles & Wynne, Bay Minette, for appellee/respondent Auburn University.

WOODALL, Justice.

In case no. 1041643, Gulf Beach Hotel, Inc., d/b/a Perdido Beach Resort ("Gulf Beach"), appeals from the denial of its motion for leave to intervene for the purpose of challenging jurisdiction in a declaratory-judgment action filed by the State of Alabama in the Baldwin Circuit Court. We dismiss the appeal. In case no. 1050044, Gulf Beach petitions this Court for a writ of mandamus directing the Baldwin Circuit Court to vacate its order making Gulf...

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