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ALABAMA DEPT. OF TRANSP. v. MAY

1060997.

985 So.2d 409 (2007)

ALABAMA DEPARTMENT OF TRANSPORTATION v. Vistus MAY.

Supreme Court of Alabama.

November 9, 2007.

Attorney(s) appearing for the Case

Troy King, atty. gen., and Kevin C. Newsom, deputy atty. gen., and Jim R. Ippolito, Jr., chief counsel and G. Robert Prescott, Jr., asst. counsel, Department of Transportation, for appellant.

Ronald H. Strawbridge, Jr., of Strawbridge, Strawbridge & Strawbridge, L.L.C., Vernon, for appellee.

SMITH, Justice.

The Alabama Department of Transportation ("ALDOT"), the defendant below, appeals from a judgment of the trial court enjoining it from removing or ordering the removal of two brick flower planters located on the property of the plaintiff, Vistus May. Because the trial court lacked jurisdiction in this case, we reverse and remand.

In 1992, May constructed two brick flower planters in her front yard, which is located along Alabama Highway 107...

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