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EX PARTE SMITHS WATER AND SEWER AUTHORITY

1050329.

982 So.2d 484 (2007)

Ex parte SMITHS WATER AND SEWER AUTHORITY (In re Michael S. Bowden and Charles Webb v. Smiths Water and Sewer Authority).

Supreme Court of Alabama.

September 14, 2007.

Attorney(s) appearing for the Case

W.F. Horsley and Joshua J. Jackson of Samford & Denson, LLP, Opelika, for petitioner.

James R. McKoon, Jr., Phenix City, for respondents.

PETITION FOR WRIT OF MANDAMUS

PARKER, Justice.

I. Background

The plaintiffs, Michael S. Bowden and Charles Webb, are real-estate developers and, at the time they filed the underlying action, were developing properties in southeastern Lee County. Smiths Water and Sewer Authority ("Smiths"), the defendant below, is a water and sewer authority organized under §§ 11-88-1 through -135, Code of Alabama 1975. In 2001, Smiths acquired...

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