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CITY OF BIRMINGHAM v. BROWN

1050798.

969 So.2d 910 (2007)

CITY OF BIRMINGHAM and William Gilchrist v. William BROWN and Henry Clayton.

Supreme Court of Alabama.

Rehearing Denied April 20, 2007.

Attorney(s) appearing for the Case

Fredric L. Fullerton II, asst. city atty., City of Birmingham Law Department, for appellants.

C. Jackson Perkins, Birmingham, for appellees.

STUART, Justice.

The City of Birmingham ("the City") and William Gilchrist appeal from a judgment entered on a jury's verdict awarding damages to brothers William Brown and Henry Clayton (hereinafter referred to collectively as "the brothers"). We reverse and remand with directions.

Facts

The brothers own 4.6 acres of property at the corner of Ostlin Street and Wenonah-Oxmoor Road in Jefferson County. The elevation of their property is lower...

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