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AMSOUTH BANK, N.A. v. BRITISH WEST FLORIDA, L.L.C.

2060368.

988 So.2d 545 (2007)

AMSOUTH BANK, N.A., Sea Shell, Inc., and Island House, Inc. v. BRITISH WEST FLORIDA, L.L.C., et al.

Court of Civil Appeals of Alabama.

Certiorari Denied January 11, 2008 Alabama Supreme Court 1070060.

Attorney(s) appearing for the Case

Walter M. Cook, Jr., and William E. Shreve, Jr., of Lyons, Pipes & Cook, P.C., Mobile; and Taylor Wilkins of Wilkins, Bankester, Biles & Wynn, P.A., Bay Minette, for appellant AmSouth Bank, N.A.

Robert A. Wills of Wills & Simon, Bay Minette, for appellants Island House, Inc., and Sea Shell, Inc.

Daniel G. Blackburn and Cynthia J. Sherman of Blackburn & Conner, P.C., Bay Minette, for appellees.

BRYAN, Judge.

Three of the defendants in this action, AmSouth Bank, N.A. ("AmSouth"), Sea Shell, Inc. ("Sea Shell"), and Island House, Inc. ("Island House"), appeal a judgment (1) declaring that the restrictive covenants limiting the use of nine contiguous beachfront lots ("the nine lots") in Orange Beach to single-family dwellings are unenforceable and (2) denying AmSouth, Sea Shell, and Island House's counterclaim seeking compensation for the loss of those restrictive...

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